^' 


I    W.    SIM  MO  MS,    I 


#1^ 


..s^ 


V 


INTRODUCTION 


SCIENCE  OF  GOVERNMENT, 


AND 


9 

COMPEND  OF  CONSTITUTIONAL  AN6  ^\\t 


••  JURISPRUDENCE ; 

# 

COMPREHENDING  A  GENERAL  VIE'.Y  OF  THE 


GOVERNMENT  OF  THE  UNITED  STATES, 

AND  CM'  THE 

GOVERNMENT  OF  THE  STATE  OP  NEW  YORK 

TOGETHER  WITH 

THE   MOST  IMPORTANT  PROVISIONS  IN  THE  CON- 
STITUTIONS OF  THE  SEVERAL  STATES. 

AD4PTED  TO    PURPOSES    OF   INSTRUCTION   IN   FAMILIES 
AND   SCHOOLS. 


BY  ANDREW  W.  yOUNG. 


SECOND  EDITION — IMPROVED. 


WARSAW: 

PDBLISHED  BY  THE  AUTHOR. 
1836. 


•     .  • 


Entered  according  to  the  Act  of  Co&^ress,  in  the  year  1836,  bjr 
Andrew  W.  Young,  in  the  Clerk's  Office  of  the  District  Court 
of  the  Northern  District  of  New  York.      -■ 


y?  PREFACE. 

It  is  the  ipeculiar  fortune  of  the  people  of  the  United 
States,  to  live  under  a  government  that  secures  to  them, 
in  an  extraordinary  degree,  the  blessings  of  civil  and  re- 
ligious liberty.  It  is  believed  that  no  other  form  of  gov- 
ernment is-  capable  of  conferring  upon  its  citizens  an  equal 
amount  of  happiness. 

Under  our  constitution,  sovereignty  resides  with  the 
people:  in  other  vsrords,  they  have  the  pow^er  of  govern- 
ing themselves.  Consequently,  it  is  of  the  first  impor- 
tance, that  the  depositories  of  political  power  should  know 
how  to  apply  this  power  intelligently  and  judiciously. 
The  power  to  make  and  to  administer  thellaws,  is  delegat- 
ed to  tKe  representatives  and  agents  of  the  people ;  the 
people  should  tkerefore  be  competent  to  judge  when,  and 
how  far,  this  power  is  constitutionally  and  beneficially 
exercised. 

Distinguished  as  the  American  peoplo  arp  for  their 
comparative  general  intelligence,  a  large  portion  of  them, 
it  must  be  confessed,  are  greatly  wanting  in  political 
knowledge.  And  while  so  many  books  have  been  pre- 
pared to  facilitate  the  means  of  instruction,  and  so  much 
has  been  done  in  various  ways  to  promote  the  interests  of 
education  generally,  it  is  remarkable  that  the  science  Qt^yMi 
government  has  received  so  little  attention.  .1  "J 

Multitudes  in  this  republic  are  annually  arriving  at  that 
period  of  life,  when  they  are  to  exercise,  for  the  first  time, 
their  privileges  as  citizens.  In  the  state  of  New  York 
alone,  the  number  is  about  fifteen  thousand,  and  is  com- 
posed, chiefly,  of  those  whose  education  does  not  embrace 
even  the  first  principles  of  political  science.     It  is  not  to 


ir  PREFACE. 

be  expected  that  political  power,  in  such  hands,  can  be 
exercised  with  safety  to  the  government,  or  with  benefit 
to  the  community. 

In  the  education  of  youth  for  the  business  of  life,  it 
seems  almost  to  be  forgotten,  that  they  are  ever  to  assume 
the  duties  of  citizens — duties  of  paramount  importance, 
on  the  due  performance  of  which,  their  individual  happi- 
ness, as  well  as  the  happiness  and  prosperity  of  the  na- 
tion, mainly  depends. 

The  follov/ing  just  and  forcible  observations,  are  from 
a  late  report  of  the  superintendent  of  common  schools  of 
the  state  of  New  York.  They  are  entitled  to  the  consid- 
eration of  every  citizen  of  this  republic: 

"  On  our  common  schools  vv'e  must  rely  to  prepare  the 
great  body  of  the  people  for  maintaining  inviolate  the 
rights  of  freemen.  If  the  political  fabric  cannot  find  in 
the  public  intelligence,  a  basis  broad  and  firm  enough  to 
uphold  it,  it  cannot  long  resist  the  shocks  to  which,  through 
the  collision  of  contending  interests,  it  is  continually  ex- 
posed. Forty-nine  out  o[  every  fifty  of  our  citizens,  re- 
ceive their  education  in  the  common  schools.  As  they 
advance  to  manhood,  they  are,  for  the  most  part,  devoted 
to  manual  employments.  Looking  to  their  own  industry 
as  their  only  resource,  and  to  its  fruits  as  the  boundaries 
of  their  personal  desires  the  object  neares'  their  hearts  is 
to  see  their  country  prosperous,  the  laws  administered 
with  order  and  regularity,  and  the  political  importance, 
which  the  constitution  has  secured  to  them,  maintained 
undiminished.  The  controversies  to  which  conflicting 
interests  give  birth,  are  to  be  put  at  rest  by  their  decision. 
In  the  questions  of  policy  which  are  presented  to  them, 
constitutional  principles  are  frequently  involved,  and  the 
relation  they  bear,  and  may  in  all  future  time  bear  to  the 
government,  is  directly  or  indirectly  affected.     How  im- 


PREFACE.  V 

portant  is  it  that  their  decisions  should  be  as  enlightened 
as  they  will  be  honest ;  that  with  eA^ery  motive  to  be  up- 
right and  conscientious  in  the  exercise  of  their  political 
rights,  they  should  combine  also  the  capacity  to  maintain 
them  with  independence  and  discretion!  If  they  shall  ev- 
er cease  to  bring  to  the  settlement  of  these  great  questions 
a  sound  and  enlightend  discrimination,  they  cannot  fail 
to  become  the  dupes  ot  artful  leaders,  and  their  country  a 
prey  to  internal  discord.  From  the  genius  of  our  politi- 
cal institutions,  popular  education  is  our  only  security 
against  present  and  future  dangers.  Ignorance  is  said  to 
be  the  parent  of  vice.  With  us  it  would  also  be  the  pa- 
rent of  those  fatal  disorders  in  the  body  politic,  Avhich 
have  their  cerain  issue  in  anarchy." 

In  presenting  this  work  to  the  public,  the  compiler  in- 
tends to  supply,  in  some  measure,  a  deficiency  that  has 
too  long  existed  in  the  course  of  education  in  this  country. 
Several  excellent  treatises  on  the  principles  of  government, 
and  constitutional  jurisprudence,  have  been  published 
within  a  few  years.  But  it  is  believed  that  of  those  v,diicli 
are  intended  as  class  books,  none  are  well  adapted  to  the 
condition  of  our  common  schools. 

But  it  is  not  for  common  schools  exclusively,  that  this 
work  is  intended.     It  is  believed  that  there  are  individu- 
als in  almost  every  family,  who  will  find  in  it  much  A'alu- 
able  information  to  which  they  have  not  before  had  ac-^ 
cess.  -"iSsl 

The  author  has 'endeavored,  throughout  the  work,  to  y| 
present  each  subject  in  a  plain  and  familiar  style ;  and  it  f*':" 
is  believed  the  language  will  be  found  sufficiently  intel- 
ligible to  those  who  are  of  suitable  age  and  capaci>ty  to 
be  benefited  by  the  study  of  this  science.  And  he  would 
here  take  occasion  to  remind  the  reader  or  student  of  the 
importance  of  referring  to  his  dictionary  for  the  definition 


VI  PREFACE. 

of  such  words  as  may  not  be  understood.  Much  of  the 
advantage  of  reading  is  often  lost,  especially  to  young 
persons,  by  the  neglect  of  this  practice. 

The  questions  relating  to  the  several  sections,  are 
deemed  useful  in  exercising  the  pupil.  A  few  only  are  in- 
serted, leaving  it  to  the  teacher  to  add  such  further  inter- 
rogatories as  he  shall  find  necessary.  Teachers  will  also 
find  occasion  to  tax  their  own  resources,  in  enlarging  upon 
and  illustrating  the  several  subjects,  which  could  not  be  ful- 
ly treated,  without  swelling  the  work  to  an  improper  size. 

The  chapter  on  the  rights  of  landlord  and  tenant,  not 
being  originally  designed  for  insertion,  does  not  occupy 
its  appropriate  place  in  the  work  ;  but  as  it  was  deemed 
too  important  to  be  omitted,  it  has  been  inserted  in  the  Ap- 
pendix. 

Originality  in  a  work  of  this  kind  is  hardly  to  be  ex- 
pected. Whatever  of  merit,  therefore,  may  be  awarded 
to  this  unpretending  volume,  is  chiefly  due  to  other  and 
abler  authors.  Among  the  works  to-  which  the  compiler 
is  indebted,  he  would  particuarly  mention,  Sullivan's 
"Political  Class  Book,"  Chipman's  "Principles  of  Gov- 
ernment," Duer's  "Outlines  of  Constitutional  Jurispru- 
dence," and  the  invaluable  "Commentaries"  of  Story  and 
Kent. 

With  the  hope  that  this  treatise,  notwithstanding  its 
imperfections,  will  be  found  in  some  degree  useful,  it  is 
respectfully  offered  to  the  patronage  of  a  liberal  commu- 
nity. 


CONTENTS. 


PART  I. 

Of  the  Principles  of  Government. 

Page. 

CHAPTER  I.  Of  Man  as  fitted  for  Society,  and  for  Civil  Gov- 
ernment and  Laws,  ....  1" 

CHAP.  n.  Of  Rights  and  Liberty.— Natural,  Civil  and  Polit- 
ical Rights  and  Liberty,  .  .  •  .20 

CHAP.  III.  Of  Laws.— The  Law  of  Nature— Law  of  Revela- 
tion— Municipal  Law — Law  of  Nations,  .  S4 

CHAP.  IV.  Of  the  difierent  Forms  of  Government,  .        29 

CHAP.  V.  Of  Sovereignty— and  of  Political  and  Ci^-il  Powers 
in  a  Government,        .  .  .  .  :  34 

PART  II. 

Historij  of  the  Colonies — afterwards  Independent  States— from  their 
first  Settlement,  to  the  Adoption  of  the  Constitution. 

CHAPTER  I.  Discovery  of  America,  and  Settlement  of  the 

Colonies,  .:....        40 

CHAP.  II.   Colonial  Forms  of  Government — Causes  of  the 

Revolution— Commencement  of  Hostilities,  .  45 

<?HAP.  111.  Sketch  of  the  War— Adoption  ol  the  Articles  ol 

Confederation — Peace — State  of  the  Country,       .  .        51 

PART  III. 

of  the  Guvernment  of  the  United  States. 

CHAPTER  I.  Of  the  Nature  and  Objects  of  the  Union,  57 

CHAP.  II.  Of  the  Legislative  Power.— House  of  Representa- 
tatives.  .....;  62 

CHAP.  III.  Of  the  Senate  of  the  United  States,       .  .        66 

CHAP.  IV.  Of  the  Senate  and  House  of  Representativas,  71 

CHAP.  V.  Of  the  Manner  of  Enacting  Laws,  .  75 

CHAP.  VI.  Of  the  Executive  Power.— President's  Term  of 

Office— Mode  of  Election— Glualifications— Salary,  .        79 

CHAP.  VII.  Powers  and  Duties  of  the  President,         .  86 

CHAP.  VIII.  Executive  Auxiliaries. — Department  ol  State — 
of  the  Treasury— of  War— of  the  Navy— Attorney  General- 
Executive  Officers  abroad,  ....        91 


VIII  CONTENTS. 

CHAP.  IX.  Of  the  Judicial  Power. — Siiprexnp,  Circuit,  and 
District  Courts,  .....  97 

CHAP.  X.  Powers  of  Congress. — Revenue,  Taxes,  Duties,  &c.  102 
CHAP.  XI.  Revenue,  continued — Collection  oltlie  Customs,   105 
CHAP.  XII.  Public  Expenditures,  .  .10* 

CHAP.   XIII.    Of  Commerce — Navigation — Forei<^n    Com- 
merce, .  .  .  .  .  .  112 

CHAP.   XIV.  Commerce,  continued — Internal  Commerce — 
Trade  with  the  Indian  Tribes,        .  .  .  .117 

CHAP.  XV.  Naturalization  of  Aliens,  .  .  123 

CHAP.  XVI.  Bankruptcy,  .  .  .126 

CHAP.  XVII.  Money— Weights  and  Measures,  .        '  128 

CHAP.  XVIII.  Promotion  of  Science.— Copy  Rights  and  Pat- 
ents, .......       132 

CHAP.  XIX.  Piracy— Felonies  on  the  High  Seas,  &o.  13G 

CHAP.  XX.  Ot  War— Letters  of  Marque  and  Reprisal— Cap- 
tures— Army  and  Navy,  ....  140 

CHAP.  XXI.  Of  the  Militia,  .  :  :  .       143 

CHAP.  XXII.  Of  the  Post  Office,  .  :  .  146 

CHAP.  XXIII.  District  of  Columbia— Local  Juri.sdistion,&c.  150 
CHAP.  XXIV.  Miscellaneous  Powers  of  Congress— Treason 
— Effect  of  State  Records — Admission  of  New  States — Guar- 
anties to  States — Amendment  of  Constitution,       .  .      153 
CHAP:   XXV.    Incidental   Powers    of   Congress.— Curpora- 

tigns — Internal  Improvements,  .  .  .  158 

CHAP.  XXVI.  Restrictions  on  the  Powers  of  Congress,  1()3 

CHAP.  XXVII.  Restrictions  on  the  Powers  of  the  States,         168 

PART  IV. 

Of  the  State  Governments. 

CHAPTER  I.     Maine— New    Hampshire — Ma.ssachusetts— 

Vermont — Connecticut — Rhode  Island,  .  .  171 

CHAP.  II.  New  Jersey— Pennsylvania — Delaware — Maryland 

— Virginia — South  Carolina — Georgia      .  .  .       177 

CHAP.  III.  Kentucky— Ohio— Indiana — Louisiana — Missis- 
sippi—Illinois— Alabama—Missouri,  .  .  1H3 
CHAP;  IV.  State  of  New  York. — Legislative  Department,  188 
CHAP.  V.  Executive  Department,  .  .  IDO 
CHAP.  VI.  Judicial  Department,  .  11)3 
CHAP.  VII.  Of  Counties.— County  OtHcers-  their  Powers' and 
Duties,         .....;•      200 


CONTENTS.  15: 

CHAP.  VIII:    Of  Towns.- -Election  of  Town  Officerr— heir 
Powers  and  Duties,       .  .  .  :  ■  ,203 

PART  V. 

Of  (An  Cioil  Jurispru(knr,f  of  Ike  UniUd  StaUs. 
CHAPTER  1.  Of  the  Rig!it.s  of  Persons.— Absolute  Personal 

Ritrhts, .209 

CHAP.  II.  Of  the  Domestic  Relations.— Husband  and  Wife,  214 
CHAP.  III.  Parent  and  Child— Infants— Guardian  and  Ward 

— Master  and  Apprentice — liired  Scrvant.s.  .  219 

CHAP.  IV.  Of  the  Right  of  Property.— Real  Property,  223 

CHAP.  V.  OfPersonal  Property— Contract  of  Sale,       .  22G 

CHAP.  VI.  OfBailment— Principal  and  Agent— Partnership,  231 
CHAP.  VII.  Bills  of  Exchange— Promissory  Notes— Banks- 
Insurance  Companies,        .  .  ■  •  ■      ^-.S 
CHAP.  VIII.  Of  Crimes  and  rheir  Punishment,  244 

APPENDIX 

Declaration  of  Independence,       ....  2f)l 

Constitution  of  the  United  Stales,       ■.             .             .  .      266 

Constitution  of  the  State  of  New  York,                 .             .  273 

Rightsof  Landlord  and  Tenant,          .            .             .  .      2U3 

Practical  Observations,                   ....  2ti9 


INDEX. 


Section. 
Admission  of  new  states,  386 
Agreements,  when  to  be  in 

writing,  585 

Alabama,  state  of,  450 

Aliens  and  citizens,  292 — SOO 
Alliance  of  slates,  423,  424 
Alloy,  meaning  of,  309 

Ambassadors,  216 

America,  discovery  of,  69 

Appraisers  of  goods,  under 

revenue  laws,  245 — 247 

Aristocracy,  defined,  42 

Army  and  navy,  346 — 350 

Arrest  of  offenders,  645 

Arson,  defined,  631,  635 

Articles    uf   coniederation, 

when  adopted,  106 

Assay  of  coins,  309 

Assessors,  duties  of,  508 

Assignments,  586 

Attorney  general  of  U.  S.     215 
o'f  New  York,  405 

Bail,  defined,  587 

Enilment,  588—597 

Banks.  622—626 

Bank  of  U.  States,       397,  398 
Bankruptcy,  301—306 

Bigamy,  536 

Bills,    how  passed  by  con- 
gress, 158—166 
Bills  of  attainder,  defined,    410 
Bills  of  credit,  423,426 
Bills  of  exchange,  &.C.  009—621 
Body  politic,   [see  corpora- 
tion.] 
B  0  rro  \v  i  n  g  m  0  n  ey ,      252 — 257 
Bribery, 

Bullion,  meaning  of,  309 

Burglary,  63t) 


Cabinet,  204 

Capitation  tax,  236,  411 

Captures,    rules     concern- 
ing, 344,  345 
Census,  defined,  127 
Chancellor,  powers  of,  472 — 474 
Chancery,  court  of,     472 — 476 
masters  in,                473 
examiners,                 475 
solicitors,                  476 
Chaplains  to  congress,         140 
Charges  des  affaires,             217 
Charter,  defined,  75 
Chattels  real,  defined,          572 

[see  personal  property.] 
Circuit  courts,  U.  S.    230,  231 
New  York,  478 

Citizens,  [see  aliens,  &.c.] 
Civil  compact,  defined,  16 

Clearance  of  vessels,  266 

Clerks  to  congress,  140 

Coasting  trade,  284 

Coin,  and  coining,      307 — 311 
value  of  coins,   310,311 
Collector  of  taxes,  510 

of  customs,  243 

Colonies,  history  of,     68—112 
Colony,  defined,  70 

Commerce,  foreign,    262 — 280 
internal.  °       281—284 
with  Indians,  285—291 
Commissioners,  of  navy,      214 
of  land  office,  209 

of  highways,  512 

of  common  schools,  513 
of  deeds,  571 

Common  law,  whence  deri- 
ved, 520 
Common  pleas,  court  of,      479 
Coiniaonweallh,  defined,        46 


1 


XI 


Comptroller  of  N.  York,     463 
Congress,  division  into  two 

branches,  l2l,  122 
when  to  assemble,  148 
officers  of,  140 

may  punish  members  149 
must  keep  journai,    150 
employ  a  printer,      151 
adjournment  of,         152 
comp'nsat'n  of  mem- 
bers, 153 
privileges    of  mem- 
bers,                     154 
disability  of  membersl55 
appointment,  of  com- 
mittees,                 157 
Connecticut,  when  settled,    81 
stale  of,                      435 
Consignors,    and    consign- 

207 
Constitution,  defined,      52,  53 
differently    interpre- 
ted, 117-120 
Constables,  powers  and  du- 
ties of,  51o 
Consuls,  duties  of,  218 
Contract  of  sale,                   530 
how  made,      581— 5S3 
('opv    rights,    how    secur- 
ed,                          320—324 
Counterfeiting,  &c.     312—316 
Coroners,  duties  of,              498 
Corporation,  definition  of,  491 
Corruption  of  blood,              384 
Counties,  or  shires,              490 
County  officers,           493—500 
Courts  uf  N.  York,    471—489 
Cumberland  road,                 400 
Customs,  meaning  of,           237 
how  collected,  243—250 
[see  duties.] 
Debenture,                           242 
Declaration    of    independ- 
ence, when  adopted,        100 
Deeds  of  real  estate,  how 


executed,  567 

to  be  recorded,  567 

to  be  acknowledged,  571 

Delaware,  when  settled,        81 

state  of,  439 

Democracy,  defined,  46 

Despotism,  defined,  40 

Diplomacy,  meaning  of,       205 

District  attorneys,  of  U.  S.  232 

ofstate  of  N.York,  500 

District  courts  of  U.  S.        232 

District  of  Columbia,  371—375 

Drawback  of  duties,     241, 242 

Duelling, 

Duties,  meaning  of  237 

on  imports,  238 

specific,  238 

ad  valorem,  238 

on  tonnage,       239,  240 
Election    of  president  and 

vice  preside-.it,         171 — 179 
Electors  of  president,  &c. 

how  appointed,      171 

qualifications  of,        172 

when  to  be  chosen,  174 

when  to  vote,  175 

Embargo,  274 

Embezzling,  640 

Entry  of  goods  imported,      248 

Errors,  court  of,  471 

Estates,      different      kinds 

of,  562,  563 

title  to  real  estate  by 
descent,       564 — 566 
Executive  power,  wherein 

vested,  167 

objects  of,  167,  168 

Ex  post  facto  laws,  410 

Expressed  and  implied  pow- 
ers of  congress,      402 — 405 
Felonies  and  piracy,  330 — 339 

[see  piracy.] 
Foreign  ministers,      216 — 218 
Forgery,  637 

France,  government  of         45 


XII 


INDEX. 


Freedom  of speech  &  of  the 

press  secured  415, 416 

of  religious  worship,  415 

Freeholds,  468 

General  fund,  5Q'3 

Geu'l  sessions,  court  of,479, 480 

Georgia,  state  of,  443 

Gifts,  vvlien  valid,  575 

Government,  defined,  38 

objects  of,  39 

different  forms  of,40 — 53 

Governor  of  N.  York,  460,  461 

compensation,  460 

Great  Britain,  government  of  44 

Guaranties  to  stales,  338 

Guardian  and  ward,  557 

Habeas  corpus,  writ  of,        409 

Homicide,  633 

House    of   representatives, 

how  constituted,    123 
term  of  members,      123 
voters  how  qualified  124 
qualifications  of  mem- 
bers, 125 
how  appointed,  12(i 
ratio  of  representa- 
tion, 127 
sole    power    to    im- 
peach, 131 
Husband  and  wife,      534—549 
when     parties    may 

marry,  534 

when  re-marry,  535 
incestuous  marriage  538 
grounds  of  divorce,  540 
effect  of  marriao-e  '.ip- 

on  property  541 — 543 
obligations  of,  5-14 — 540 
Illinois,  state  of,  449 

Imports,  238 

Indiana,  statu  of,  446 

Indian  trade,  285 — 291 

Indictment  by  jury,  486 

Itispe^  tors  of  schools,  514 

Insurmice  companies,  627,  628 


Internal  improvementK399— 401 
Judicial  power  U.  S.    219 — 234 
object  of,  219 

wherein  vested,         220 
tenure  of  office,  and 
appointment       of 
judges,  220,  221 

extent  of  powers       223 
Judiciary  of  N.  York,  [see 

courts  of  N.  Y.] 
Juries,  for  courts  of  record, 

hew  obtained,  484,485 

Justices'  courts,  497 — 489 

juries  when  allowed,  489 
Jury,  right  of  trial  by,  secur- 
ed, 419 
whence  derived,       420 
Justices  of  the  peace,  516 
Kentucky,  state  of,              444 
Kidnapping,                         634 
Landlord  and  tenant,  page  293 
Larceny,                               639 
Law,  defiiipd,  2-3 
of  nature,             25,26 
of  revelation          27,28 
municipal,            29 — 31 
of  nations,           32 — 37 
Laws,  necessity  of             4,  11 
Legislative  power  of  U.  S., 

wherein  vested,  121 

Legislature  of  N.  York,  [see 

constilntion.] 
Letters  of  marque  and  re- 
prisal, 340 
Liberty,  defined,  17 
"natural,                  18,19 
civil,                           ,20 
political,                      21 
religious,                      22 
Lien  on  property,                 601 
Lieutenant  governor  of  N. 

York,  salary,  460 

Maiming,  634 

Maine,  state  of  431 

Manifest,  248 


INDEX. 


xm 


Man,  fitted  for  society,      4—8 
for  civil  governra't,  9, 10 
Marriage,  534 

Marshal,  duties  of,  232 

Maryland,  state  of,  440 

Massachusetts,  colony  of,  79 
Master  and  apprentice,  558, 559 
Militia  of  U.  States,  351—359 
Militia  of  New  York,  [see 

constitution.] 
Mint,  308, 309 

officers  of,  309 

Mississippi,  state  of,  448 

Missouri,  state  of,  451 

Monarchy,  defined,  43 

Money,  power  to  coin,  307 
Murder,  G30 

Navigation,  264 

encouratred   by   dis- 
criminating duties264 
[see  vessels.] 
Navy  of  U.  States,        349, 350 
department  of,  213 

New  Hampshire,  state  of,    432 
Negative  power,  defined,    431 
absolute  &  qualified,  431 
New  Jersey,  state  of,  437 

New  states,  admission  of,    386 
New  York,  when  settled,      80 
state  of,  452—517 

Nobility,  titles  of,  may  not 

be  granted,  414,  423 

Notaries      public,      duties 

of,  620, 621 

Obligation  of  contracts,  may 

not  be  impaired,  427 

Offences  against  law  of  na- 
tions, 330, 338,  339 
Oligarchy,  defined,  42 
Overseers  of  poor,  511 
Parent  and  child,  550 — 554 
Partnerships,  602—605 
Passenger  vessels,  268 
Passport  for  vessels,  267 
Patents,  how  obtained  325 — 329 


Pennsylvania,  state  of,         438 
Pensions,  212 

Pensions,  to  whom  granted  212 
Perjury,  defined,  641 

subornation  of,  641 

Piracy  and  felonies,  330 

slave  trade,  332 

Poll,  meaning  of,  411 

Post  office  departm't,  360—370 
Power  of  the  government  to 

lay  taxes,  235 

to  borrow  money,      252 
to     regulate     com- 
merce, 263 
to  make  laws  regard- 
ing naturalization 
and  bankrupcy,     292 
to  coin  money,  &c.  307 
to    punish   connter- 

feiling,  312 

to  establisii  post  of- 
fices &  post  roads,  360 
to    promote  science 

and  useful  arts,     318 
[see  copy  rights  and 

patents.] 
to  constitute  courts,  330 
[see  judicial  powers] 
to    punish    piracies, 

&c.  330 

to  declare  war,  340 

to  raise  armies,         346 
to  legislate  over  ce- 
ded territory  371,  376 
to  admit  new  states  386 
to  dispose  of  territo- 
ry, 387 
to   propose  amend- 
ments  to  the  con- 
stitution,              389 
to  carry   into  effect 
its  delegated  pow- 
ers,             395—405 
President,  term  of  office,     169 
election  oC     171—179 


XIV 


INDSlt. 


President,        qualifications 

of  180, 181 

vacancy  in  office  pro- 
vided for,     183—185 
compensation,  186, 187 
oath  of  office,  188 

power  of  pardon,  192 
to  make  treaties,  193 
to  appoint  officers 
with  advice  of  sen- 
ate, 195 
to  fill  vacancies  197, 198 
to  remove  officers,  199 
must     communicate 

with  congress,      200 
may    convene    con- 
gress, 201 
Principal  and  agent,  598 — 601 
Promissory  notes,  [see  bills, 

of  exchange.] 
Property,  real,  561 — 571 

personal,  572—578 

Public  debt,  254—261 

Protecting  duties,  276 — 279 
Quarantine,  signification  of  275 
Real  estate,  561 — 571 

Registry  of  vessels,  26.5 

F'^public,  defined,  46 

tlestrictions  on  the  powers 

of  congress  406 — 422 
of  stales,  423—429 

235 


Revenue,  defined, 
Revenue  cutter, 
Rhode  Island,  state  of. 
Rights,  defined, 

natural  rights, 
political  and  civil,  15,  16 
■ obbery,  638 

lie,  contract  of,  [see  con- 
tract of  sale.] 

amen,  to  be  Americans,    269 
sick  provided  for,      271 
;retary  of  state — of  treas- 
ury— of  navy — of  war. 
[see  the  departments.] 


Secretary  of  state,  N.  Y.  462 
Senate  of  U.  States,  132 

Senators,  how  chosen,  133 

termofoff.ee,  134 

division  into  classes  135 
vacancies,  how  filled  136 
qualifications  of,        138 
Servants,  hired,  560 

Sheriffs  of  New  York,  497 

Sinking  fund,  defined,         258 
Slave  trade,  [see  piracy.] 
Smuggling,  249 

South  Carolina,  state  of,  442 
Special  sessions,  court  ot,  483 
Stamp  act,  passage  of,  90 

State,  department  of,  205 

State  reeords,  effect  of,        385 
States,  restrictions  on  423—429 
powers  reserved  to,  402 
Supreme  court,  U.  S.  226—229 
of  state  of  N.Y,        477 
Supervisors,  duties  of,         504 
board  of,  494 

Surrogates,  duties  of,  499 

Surveyor  general  of  N.  Y.    466 
Taxation  and  taxes,     236, 237 
assessment  of,  508, 509 
Territory,    power    of  con- 
gress to  dispose  of,  387 
Town  clerk,  duties  of,  505 
Tow  n  meetings,                   503 
Towns,  corporate  powers  of502 
250 1  Treason  against  U.  S.  379—384 
436 
12 
14 


against  state  of  N.Y.  629 
Treasurer  of  New  York,  464 
Treasury  department  207 — 210 
Treaties,by  whom  made  193,194 
Treaty  defined,  193 

Union,  nature  of,         113—120 
Vacancies,  in  office  of  pres- 
ident, how  to  be 
filled,  183,  184 

in  the  senate,    136,  137 
in  the  house,  130 

Vermont,  state  of,  434 


INDEX, 


xr 


Vessels  U.  S.  privileges  of,  264 
regulations  concern- 
ing, 265—271 
foreign,  272, 273 

Vice  president,  how  elected  169 
to  preside  in  senate,  139 
when  act  as    presi- 
dent, 183 
compensation  of,       187 

Virginia,  when  settled,  71 


Virginia,  state  of,  441 

War,    power    to    declare, 

where  vested,  340 
offensive  &defeosive340 
how  declared,  342 

department  of,  312 

Washington, appointed  com- 
mander-in-chief     98 
seat  of  government,  373 

Weights  and  measures,       317 


PART    FIRST. 

OF  THE  PRINCIPLES  OF  GOVEP.NMENT. 


CHAPTER  I. 

Of  Man  dsfitUrlfor  Society,  and  for  Civil  Gove  mm  cut 
and  Laws. 

i.  It  has  been  maintained  that  the  savage  state  is  the 
only  natural  state  of  man.  and  that  he  can,  in  no  other 
state,  be  perfectly  happy.  It  is  supposed  that  social  im- 
provement generates  a  wicked  disposition  in  man,  Avhich 
might,  in  an  uncivilized  state,  forever  lie  dormant ;  and 
that  civil  government  has  a  tendency  to  encourage  vice, 
and  becomes  the  cause  of  the  miseries  that  exist  in  socie- 
ty, instead  of  preventing  them. 

•2.  Others  maintain  that  the  necessity  of  laws  arises 
;Vom  the  wicked  disposition  of  man ;  that  they  are  neces- 
sary only  to  restrain  the  evil  and  violent  passions  ;  and 
to  prevent  the  miseries  which  men  are  prone  to  inflict  on 
each  other:  consequently,  were  ail  men  truly  virtuous 
and  purely  benevolent,  lav/s  for  their  government  would 
be  wholly  unnecessary. 

3    There  are  others  who  hold  that  man  v.-as  originally 


1.  What  is  said  of  man  in  the  savnge  state;  and  of  the  effect  of 

ril  government  on  anan'^  liappiness"?     2.  From  what  do  otheVs 

■V  anises  the  neccssilv  of  laws1     3.  What  other  opinion  is  held 

B 


13  PRINCIPLES  OF    GOVERNMENT.  Part  I 

designed  for  civil  g-ovevnment,  and  that  he  is  under  a 
necessity  of  nature  to  adopt  it;  but  who  hold,  at  the  same 
time,  that,  on  entering-  into  civil  society,  he  necessarily 
gives  up  a  portion  of  his  natural  liberty,  of  his  natural 
rights,  to  secure  the  remainder.  It  seeir.s  to  follow,  as  the 
conclusion  of  this  theory,  that  man  is  but  partially  fitted 
for  civil  society.  This  opinion,  however,  is  supported  by 
many  of  the  most  distinguished  political  writers. 

4.  But  a  theory  somewhat  different  from  these,  and,  it 
is  believed,  a  more  correct  one,  has  been  adopted  by  some 
writers,  who  maintain,  that  man  is  fitted  for  society  by  the 
constitution  and  la^vs  of  his  nature ;  and  that,  for  the  se- 
cure enjoyment  of  both  natural  and  civil  rights,  govern- 
m.ent  and  laws  are  necessary  to  social  beings,  with  what- 
ever virtues  they  may  be  endued. 

5.  But  whatever  difference  of  opinion  may  prevail  in 
regard  to  the  correctness  of  these  several  theories,  few,  it 
is  presumed,  will  doubt,  tliat  man  is  fitted  by  nature  for 
societ}'-  and  civil  government:  and  that,  in  his  present 
state,  civil  government  and  laws  are  necessary  for  the 
regulation  of  his  conduct. 

6.  "Man  is  so  formed  by  nature,"  says  Vattel,  "  that 
he  cannot  suffer  by  himself,  and  he  necessarily  stands  i:i 
need  of  the  assistance  and  support  of  creatures  like  him- 
self, to  preserve  and  protect  his  own  being,  and  to  enjoy 
the  life  of  a  rational  animal.  This  is  sufficiently  proved 
by  experience.  We  have  instances  of  men  nourished 
nmong  the  bears,  who  had  neither  a  language  nor  the 
use  of  reason,  and,  like  the  beasts,  had  only  the  sensual 
powers. 

7.  "We  see  moreover  that  nature  has  refused  men  ths 
natural  strength  and  arms  with  which  she  has  furnished 
other  animals;  giving  them,  instead  of  these  advantages, 
those  of  reason  and  speech,  or  at  least  of  acquiring  them 
by  a  commerce  with  their  fellow  beings.  Speech  enables 
them  to  converse  Avith  each  other,  and  to  extend  and  raise 


■on  this  subject?  To  what  conclusion  does  this  theory  lead?  4. 
Wha,r,  other  theory  has  been  adopted,  in  retation  to  mon'.s  capacity 
forsocieiy  and  civil  governmnt,  and  liie  necessity  cf  laws?     6,  7, 


Chap.   I.  or  MAN  AS  A  SOCIAL  BEING.  lO 

to  perfection  their  reason  and  knowledge;  and,  being  thus 
rendered  intelligent,  they  find  a  thousand  methods  of  pre- 
serving themselves,  and  supplying  their  wants.  Every 
one  also  becomes  sensible  that  he  can  neither  live  happily, 
nor  improve  himself,  without  the  assistance  and  conversa- 
tion of  others.  Since,  then,  nature  has  thus  formed 
mankind,  it  is  a  manifest  proof  that  she  has  designed  they 
should  converse  with  one  another,  and  grant  to  each  other 
their  mutual  assistance." 

8.  That  man  is  by  nature  designed  for  society,  may  b« 
inferred  also  from  his  appetite  to  associate  with  his  fellow 
man.  The  appetite  or  propensity  for  this  association,  and 
the  pleasure  derived  from  it,  are  common  ^o  all  mankind, 
and  evidently  originate  in  their  nature. 

9.  Man  seems  equally  fitted  for  civil  government.  H« 
has  been  endowed  with  high  moral  and  intellectual  facul- 
ties. He  has  the  power  to  discern  his  own  wants  and 
the  wants  of  others.  He  has  a  moral  perception  of  what 
is  right  and  what  is  wrong,  and  a  sense  of  his  obligation 
to  do  what  is  right,  and  to  forbear  to  do  what  is  wrong. 
His  reason  enables  him  to  understand  the  meaning  of 
laws,  and  to  discover  what  laws  are  necessary  to  regulate 
human  actions. 

10.  Patriotism,  or  love  of  country,  prevails  universally 
among  mankind  ;  and  this  national  attachment  leads  men 
to  seek  and  to  promote  the  welfare  of  the  community  to 
which  they  belong,  and  contributes  much  to  the  fitting  of 
them  for  civil  government. 

11.  But  with  all  his  adaptation  to  society,  and  his  ca- 
pacities for  civil  government,  man,  being  imperfect,  will 
be  guilty  of  deviating  from  the  rule  of  rectitude,  and  of 
infringing  the  rights  of  others.  Whether  ^this  transgres- 
sion be  the  consequence  of  ignorance,  weakness  in  judg- 
ing, or  inattention  in.  examining;   or  whether  it  result 


8.  How  is  man  formed  b}^  nature?  How  is  ihis  proved?  What 
advantage  does  man  derive  from  the  faculty  of  speecli?  9,  10. 
Wherein  consists  the  evidence  that  man  is  hiied  for  civil  govern- 
ment? 11.  Why  are  laws  necessary  to  regulate  the  conduct  o( 
men? 


20  PRINCIPLES  OF  GOVERNMENT.  Part  I. 

from  a  disposition  habitually  vicious;  laws  are  necessary 
to  regulate  the  conduct  of  men  toward  each  other,  and  to 
secure  to  the  members  of  a  community  the  enjoyment  of 
their  rights.  Without  laws,  there  would  be  no  security 
to  person  or  property ;  the  evil  passions  of  men  would 
prompt  them  to  commit  all  manner  of  wrongs  against 
each  other,  and  render  society,  (if  society  can  be  said  to 
exist  without  law,)  a  scene  of  violence  and  confusion. 


CHAPTER  II. 

0/  Rights  and  Liberty. — Natural,  Civil  and  Political 
Rights  and  Liberty — Right  of  Opiyiion. 

12.  The  word  right,  when  applied  to  action,  signifies 
what  is  fit  and  proper  to  be  done,  as  opposed  to  wrong. 
But  as  a  substantive,  in  the  sense  in  which  it  is  here  used, 
It  means  the  just  title  or  claim  which  a  person  has  to  any 
thing;  and  it  signifies  that  the  thing  belongs  to  him  who 
is  said  to  have  the  right.  Thus  it  is  declared  in  the 
American  Declaration  of  Independence :  "  that  all  men 
are  endowed  with  certain  unalienable  rights;  that  among 
these  are  life,  liberty,  and  the  pursuit  of  happiness ;  that 
to  secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed ;  and  that,  whenever  any  form  of  government 
becomes  destructive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  abolish  it." 

iS.  The  object  of  civil  institutions  is,  or  ought  to  be, 
tlie  security  of  those  personal  rights,  in  the  lull  and  free 
enjoyment  of  which  true  liberty  consists.  The  rights  of 
ni.mkind  are  denominated,  first,  natural  rights;  secondly, 
political  rights;  and  thirdly,  civil  rights. 


12.  What  is  the  definition  of  the  word  rlsht,  as  applied  to  action? 
^Vliat  a:s  a  substantive? '  lu  what  sense  is  it  here  used?  13.  What 
1  ■>  Uk'  obj.jct  of  civil  instirutionk?     14.  What  are  natural  rights? 


Chap.  II.  RIGHTS  AND  LIBERTY.  21 

14.  Natural  rights  are  said  to  consist  in  the  rights  of 
personal  liberty,  of  personal  security,  and  of  private  prop- 
erty. These  laws  originate  in  the  laios  of  our  nature  ; 
and  they  cannot  be  forfeited  but  by  the  commission  of 
some  crime  against  the  good  and  wholesome  laws  of  the 
community. 

15.  Political  and  civil  rights  are  generally  considered 
and  treated  as  belonging  to  the  same  class  of  rights ; 
although  each  is  clearly  a  distinct  class.  Political  rights 
are  the  rights  and  powers  granted  to  the  people  by  the 
constitution,  ox  fundamental  law  of  the  state.  The  right 
and  power  of  making  laws,  the  power  of  appointing, 
electing  and  controlling  the  officers  of  a  government,  and 
the  right  of  altering  and  amending  the  constitution  itself, 
are  rights  conferred  by  the  constitution,  and  are  therefor* 
properly  denominated  political  rights. 

1 6.  Civil  rights  are  those  that  are  guarantied  to  citi- 
zens by  civil  institutions,  and  are  contained  in  the  class 
of  natural  rights — the  right  of  personal  liberty,  of  per- 
sonal security,  and  of  private  property,  together  with  the 
numerous  rights  derived  from  these.  They  are  called 
natural  rights,  as  they  have  their  foundation  in  the  laws 
of  social  nature ;  but  they  are  denominated  civil  rights, 
because,  for  their  secure  enjoyment,  they  depend  on  the 
social  or  civil  compact.  By  civil  covipact  is  understood 
that  agreement  or  contract,  by  the  terms  of  which  the 
members  of  a  community  are  governed.  The  right  to 
obtain  legal  redress  for  an  injury  done  by  another,  or  the 
right  secured  to  an  individual  by  the  laws  of  the  commu- 
nity tp  which  he  belongs,  of  enjoying  the  free  use  of  his 
property,  are  therefore  termed  civil  rights. 

1 7.  Liberty,  applied  to  man,  consists  in  the  free  exer- 
cise and  enjoyment  of  his  rights  ;  and  this  liberty  is  either 
natural,  civil,  or  political,  according  as  reference  is  had  to 
one  or  the  other  of  these  rights.  Herein  consists  the 
difference  between  liberty  ZinA  right :  the  latter  signifying 


Ifi,  16.  "What  is  the  distinction  between  political  and  civil  rights'? 
What  is  understood  by  civil  compact?  17.  What  is  liberty?  The 
difference  between  liberty  andright?  18.  In  what  does  natiiral  \\h- 


22  PRINCIPLES  OF  GOVERNMENT.  Part  I. 

the  just  claim  or  title  which  a  person  has  to  any  thing  : 
the  former,  the  exercise  and  enjoyment  of  his  rights. 

18.  Natural  liberti/  consists  in  a  power  and  freedom  of 
acting  as  one  thinks  fit,  without  any  constraint  or  control, 
unless  by  the  laws  of  his  social  nature.  In  other  words, 
moral  or  natural  liberty  is  a  permission  which  nature 
gives  to  all  mankind  of  disposing  of  their  persons  and 
property,  in  such  a  manner  as  they  shall  judge  most  con- 
sonant with  their  own  happiness  ;  on  condition  that  they 
act  according  to  the  laws  of  nature ;  that  they  do  not  in 
any  way  abuse  it  to  the  prejudice  of  other  men ;  and  that 
they  observe  towards  others  all  the  moral  duties  enjoined 
by  these  laws. 

19.  It  is  not  essential  to  the  enjoyment  of  natural  lib- 
erty, that  a  man  may  do  whatever  his  passions  may  urge 
him  to  attempt.  If,  therefore,  moral  obligation  be  con- 
sistent with  moral  or  natural  liberty,  it  would  seem  tha* 
man  does  not  necessarily  give  up,  as  some  suppose  that 
he  does,  a  portion  of  his  natural  liberty,  when  he  enters 
into  civil  society,  l^he  physical  power  to  injure  himself 
or  others,  does  not  imply  that  the  laws  of  his  nature  give 
him  a  right  to  do  so.  The  law  of  nature  is  founded  on 
the  principles  of  justice ;  which  require  every  man  to  re- 
gard the  rights  of  others  as  well  as  his  own. 

20.  Civil  liberty  consists  in  the  secure  exercise  and 
enjo)Tnent  of  all  civil  rights.  It  is  that  liberty  which  a 
man  enjoys  as  a  member  of  society,  and  is  said  to  be  no 
other  than  natural  liberty  just  so  far  restrained  as  is  ne- 
«essary  and  expedient  for  the  general  advantage  of  the 
public.  It  can  be  enjoyed  only  under  an  upright  and 
impartial  administration  of  just,  equal  and  expedient 
laws. 

2 1 .  Political  liberty  consists  in  the  exercise  and  enjoy- 
ment of  political  rights,  rights  reserved  to  the  people  by 
the  constitution,  the  fundamental  laws  of  a  state,  in  such 
manner,  and  under  such  regulations  only,  as  are  provided 


erty  con.sist?  19.  What  does  natural  liberty  rot  license  a  man  to 
do'  On  what  is  the  law  of  nature  founded'?  20.  What  is  civil 
Libtirtj?     How  only  can  it  be  enjoyed?    21.  Wh&i  is  political  \i\>- 


( 'hap.    II.  RIGHTS  AND  LIBERTY.  2| 

md  authorized  by  these  law's.     The  important   end  of 

olilical  liberty,  and  for  which  alone  it  is  valuable,  is  to 

-:'cure  the  permanent  enjoyment  of  civil  liberty.      It  is 

le  only  security  against  political  slavery. 

22.   Besides  the  rights  above  mentioned,  is  the  ri^ht  of 

^jjinion.     The    right  of   private   opinion,  or  of   private 

idgment,  is  a  right  that  cannot  be  interfered  with  without 

violation  of  the  law  of  nature.     The  exercise  and  en- 

.:)yment  of  this  right  consist  in  the  liberty  of  a  man  to 

iot  agreeably  to  his  religious  opinion;  and  in  the  liberty 

.)f  political  opinion,  the  liberty  of  every  person  to  express 

and  publish  his   opinions  on  all  subjects   relative  to  th« 

government.       Among   the    "  unalienable   rights  "  with 

which  men  are  created,  is  religious  liberty.     This  liberty 

has  been  denominated  "  the   liberty  of  conscience,"  and 

"the  rights   of  conscience."     It  is  defined   to  be,   "  th« 

liberty  which  a  man   has  of  discussing  and  maintaining 

his  religious   opinions,  and  of  worshipping  God  in  that 

way  and  manner,  which  he  believes  in  his  conscience  to 

be  most  acceptable  to   his  Maker,  without  being  liable  tn 

any  degradation,   penalties  or   disqualifications,   civil  or 

political."     The  liberty  of  speech  and  of  the  press,  and 

the  liberty  of  conscience,  are  enjoyed  in  the  United  States 

to  their  full  extent.     But  this  liberty  does  not  imply  that 

a  person  may  so  act  as  to  violate  the  rights  of  others,  or 

to  disturb  the  good  order  of  society. 


erty?     For  what  is  it  valuable?    22.  In  wbal  consists  the  righf. 
oi  opinion? 


24  PRINCIPLES  OF   GOVERNMENT.  Part  I, 


CHAPTER  III. 

Of  Laws. —  The  Law  of  Nalure — Law  of  Revelation — 
Municipal  Law — Law  of  Nations. 

23.  Laav,  in  its  most  general  and  comprehensive  sense, 
signifies  a  rule  of  action  ;  and  is  applied  indiscriminately 
to  all  kinds  of  action,  whether  animate  or  inanimate, 
rational  or  irrational.  Thus  we  say,  the  laws  of  motion, 
of  gravitation,  of  optics,  of  mechanics,  as  well  as  the  laws 
of  nature  and  of  nations.  And  it  is  a  rule  prescribed  by 
some  superior,  and  which  the  inferior  is  bound  to  obey. 
In  a  more  confined  sense,  it  denotes  the  rules  of  human 
action  or  conduct:  that  is,  the  precepts  by  which  man, 
the  noblest  of  all  sublunary  beings,  a  creature  en*lowed 
with  both  reason  and  free  will,  is  commanded  to  make 
use  of  these  faculties  in  the  general  regulation  of  his 
behavior. 

24.  Man,  considered  as  a  creature,  must  necessarily  be 
subject  to  the  laws  of  his  Creator ;  for  he  is  entirely  a 
dependent  being.  A  being  independent  of  any  other,  has 
no  rule  to  observe  but  such  as  he  prescribes  to  himself: 
but  a  state  of  dependence  obliges  the  inferior  to  take  the 
will  of  him  on  whom  he  depends  as  the  rule  of  his 
conduct,  in  all  those  points  in  which  his  dependence  con- 
sists. 

25.  As  man  is  dependent  on  his  Maker  for  every 
thing,  he  should  in  all  points  conform  to  his  Maker's  will. 
This  will  of  his  Maker  is  called  the  law  of  iiatv.re.  For 
God,  when  he  created  man,  and  endued  him  with  free 
will,  laid  down  certain  immutable  laws  of  human  nature, 
by  which  that  free  will  was  in  some  degree  regulated  and 
restrained,  and  gave  him  also  the  faculty  of  reason  to  dis- 
cover the  meaning  of  these  laws.  These  laws  are  found- 
ed in  those  relations  of  justice  that  existed  in  the  nature 
of  things. 

23.  What  is  law,  in  a  general  sense?  In  a  more  confined  sense? 
34.  To  what  laws  is  man  subjecf!     25.  What  is  meant  by  the  lavs 


Chap.   III.  OF  THE   NATURE  OF  LAW?.  25 

26.  These  are  the  eternal  and  unchangeable  laws  of 
good  and  evil  to  which  the  Creator  himself  conforms ; 
and  which  he  has  enabled  human  reason  to  discover,  so 
far  as  they  are  necessary  for  the  conduct  of  human  actions. 
Among  the  principles  of  these  laws  are  the  following : 
That  we  should  live  honestly,  should  hurt  nobody,  and 
should  render  to  every  one  his  due.  And  in  order  to 
prompt  men  to  pursue  the  rule  of  right,  the  Creator  has 
been  pleased  to  make  their  happiness  depend  on  the 
practice  of  this  rule.  This  law  of  nature  is  superior  to 
all  other  laws.  It  is  binding  in  all  countries,  and  at  all 
times ;  and  no  human  laws  which  are  contrary  to  it,  are 
of  any  validit3\ 

27.^  If  man's  reason  vfere  always,  as  before  his  trans- 
gression, clear  and  perfect,  and  unclouded  by  prejudice, 
he  would  need  no  other  guide :  but  his  moral  faculties 
having  been  impaired.  Divine  Providence,  in  compassion 
to  the  frailty,  imperfection  and  blindness  of  human  reason, 
has  been  pleased  to  discover  and  enforce  his  laws  by  im- 
mediate and  direct  revelation.  The  doctrines  thus  deliv- 
ered are  called  the  revealed  or  divine  law,  and  are  found 
in  the  Holy  Scriptures.  These  precepts  agree  with  the 
original  law  of  nature.  Both  originate  from  the  same 
source,  are  of  equal  obligation,  and  tend  alike  to  promote 
the  good  01  mankind. 

28.  Upon  these  two  foundations,  the  law  of  nature  and 
the  law  of  revelation,  all  human  laws  depend :  that  is  to 
say,  no  human  laws  should  be  suffered  to  contradict  these. 
If  any  human  law  should  enjoin  us  to  do  any  thing  that 
is  forbidden  by  the  natural  or  divine  law,  we  are  bound 
to  transgress  that  human  law.  But  in  regard  to  matters 
which  are  neither  commanded  nor  forbidden  by  those 
superior  lavvs,  a  human  legislature  may  make  an  action 
unlawful  which  before  was  not  so.  If  the  congress  of  the 
United  States  should  pass  a  law,  prohibiting  the  importa- 


cf  nature?  2G.  What  are  some  of  the  principles  of  the  law  of 
nature?  What  is  the  extent  of  its  obligation?  27.  What  is  the 
•revealed  or  divine  law?  With  what  other  law  does  it  agree?  Tc 
what  do  the  laws  of  nature  and  of  revelation  tend?     28.  On  vvhat 


?6  PRINCIPLES  OF  GOVERNMENT.  •  Part  I. 

tioii  of  a  certain  commodity  from  a  forei<^n  country,  the 
importation  of  such  commodity  would  be  an  unlawful 
act,  although  in  itself  not  unlawful,  being  neither  com- 
manded noi  forbidden  by  a  superior  law. 

29.  Municipal  or  civil  laic,  as  defined  by  Blackstone, 
is  a  rule  by  which  particular  districts,  communities  or 
nations  are  governed;  a  rule  of  civil  conduct  prescribed 
by  the  supreme  power  of  a  state,  commanding  what  is 
right,  and  prohibiting  what  is  wrong.  Municipal,  derived 
from  a  Latin  word,  had  reference  to  the  particulgir  customs 
of  one  single  municipivm  or  free  town  ;  yet  it  is  with  suf- 
ficient propriety  applied  to  a  state  or  nation  which  is  gov- 
erned by  the  same  laws  and  customs. 

30.  But  the  definition  of  municipal  law,  as  given  by 
the  celebrated  English  commentator,  is  not  strictly  correct 
when  applied  to  namicipal  law  in  a  free  government, 
where  absolute  and  unhmited  power  is  not  committed  to 
any  one  of  its  organs.  A  discriminaiing  American  author 
gives  the  following  as  a  more  accurate  definition  :  "  iVlu- 
nicipal  law  is  a  rule  of  civil  conduct  prescribed  by  a 
competent  authority  in  the  state,  enjoining  what  ought  to 
be  done,  and  prohibiting  what  ought  not  to  be  done." 

31.  Chancellor  Kent,  in  his  commentaries  on  Ameri- 
can law,  observes:  "The  principle  in  the  English  gov 
arnment,  that  the  parliament  is  omnipotent,  does  nol 
prevail  in  the  United  States ;  though,  if  there  be  no  con- 
stitutional objection  to  a  statute,  it  is  with  us  as  absolute 
and  uncontrollable  as  laws  flowing  from  the  sovereign 
power  under  any  other  form  of  government.  But  in  this, 
and  in  all  other  countries,  where  there  is  a  written  con- 
•titution  designating  the  powers  and  duties  of  the  legisla- 
tive, as  well  as  of  the  other  departments  of  the  government, 
an  act  of  the  legislature  may  be  void  as  being  against  the 
sonstitution." 


Inws  do  human  laws  depend  for  their  validity?  29.  How  is  nm- 
nidpiilot  ciril  law  defined'  30.  What  other  definition  isgivento  it? 
Jl.  What  difference  in  the  nature  of  the  English  and  United  States' 
SDTernments.  renders  this  distinction  necessar}'  as  applied  tu  tho 


Chap.  III.  OF  tttE  NATURE  OF  LAWS,  2? 

32.  As  it  is  impossible  for  the  whole  race  of  mankind 
to  be  united  in  one  great  society,  they  must  necessarily 
divide  into  many,  and  form  separate  states  and  nations, 
entirely  independent  of  each  other,  and  yet  liable  to  mu- 
tual intercourse.  Hence  arises  another  kind  of  law,  called 
the  law  of  nations.  This  law  is  defined  to  be  "  the  sci- 
ence of  the  law  subsisting  between  nations  and  states, 
and  of  the  obligations  that  flow  from  it."  It  is  properly- 
divided  into  three  kinds  :  First,  the  necessary  or  internal 
lavT  o£.  ru^ons;  secondly,  the  conventional ;  and  thirdly, 
the  custOTnary  law  of  nations. 

33.  The  internal  law  of  nations  is  the  law  of  nature 
applied  to  nations  or  states  as  moral  persons.  This  law 
is  called  «.ccei\s^/-y,  because  nations  are  absolutely  obliged 
to  observe  it.  It  is  called  internal,  as  it  is  obligatory  m 
point  of  conscience.  It  is  also  termed  the  natural  law  of 
nations.  The  law  of  nature  as  applied  to  nations,  as  well 
«s  when  applied  to  individuals,  aims  at  the  general  good 
of  mankind.  It  requires  them  to  do  for  others  what  their 
necessities  demand,  and  what  they  are  capable  of  doing, 
without  neglecting  ths  duties  they  owe  to  themselves.  So 
far  as  the  law  of  nations  is  founded  on  the  principles  of 
natural  law,  it  is  equally  binding  in  every  age,  and  upon 
all  mankind. 

34.  There  are,  however,  some  cases,  in  which  the  law 
of  nature  is  not  applied  to  states  as  to  individuals,  as  the 
subjects  are  different  from  each  other.  Individual  mem- 
bers of  a  community  are  associated  for  their  mutual  benefit, 
under  laws  by  which  they  agree  to  be  governed.  But  as 
nations  are  independent,  each  is  the  sole  judge  of  its 
rights,  of  the  violation  of  these  rights  by  others,  and  of 
tlie  mode- of  redress.  In  case  a  dispute  arises  between 
tyo  nations,  no  other  is  permitted  to  impose  constraint  on 
eithePiparty.  Each  has  the  liberty  of  judging  what  its 
duty  requires. 


rftspective  governments?  3-2.  What  is  understood  by  the  lau-  #/ 
nations?  Whence  does  it  arise?  33.  What  is  tlie  internal  law  %{ 
nations?  Why  is  it  called  necessary?  Why  internal?  What  are 
the  nature  and  objects  of  this  law?  34.  Why  is  not  the  law  ol 
nature  applied,  in  all  cases,,  to  nations  as  to  individuals?    35.  Hovr 


23  PRINCIPLES  OT  GOVERNMENT.  Part  I- 

35.  Obligation  is  distinguished  into  internal  and  exter- 
nal. It  is  internal,  as  it  binds  the  conscience,  and  com- 
prehends the  rule  of  duty :  it  is  external,  as  it  is  consid- 
ered relatively  to  other  men,  and  as  some  right  iiows 
from  it.  External  obligation  is  divided  into  perfect  and 
imperfect,  as  is  also  the  right  produced  by  such  obliga- 
tion. The  'perfect  obligation  is  that  which  produces  a 
right  to  constrain  him  on  whom  the  obligation  rests,  to 
fulfil  it ;  the  imperfect  gives  only  a  right  to  demand.  The 
obligations  and  rights  of  nations  are  therefore  •ipiffect: 
each  has  the  liberty  of  judging  what  its  duty  Tequires, 
and  of  doing  as  it  chooses,  without  being  obliged  %j 
another  to  do  otherwise. 

36.  The  law  of  nations  is  conventional,  when  it  is  es- 
tablished by  treaties,  leagues  or  agreements.  A  treaty 
is  a  bargain  or  agreement  between  two  nations,  by  which, 
they  mutually  promise  to  be  governed  in  their  conduct 
toward  each  other.  This  law  is  also  called  the  arbitrary 
Law  of  nations.  It  is  fully  obligatory  on  the  contracting 
parties,  so  far  as  it  does  not  violate  the  rights  of  others,- 
or  the  duties  which  each  owes  to  itself 

37.  The  customary  law  of  nations  is  iounded  on  a  tacit 
consent  of  those  nations  that  have  observed  it  with  respect 
to  each  other,  and  is  mutually  binding  on  all  who  have 
adopted  it,  until  they  expres.sly  declare  that  they  will  not 
adhere  to  it.  No  custom,  however,  though  it  may  have 
been  established  by  long  and  universal  usage,  is  of  any 
force,  if  its  observance  requires  the  violation  of  a  natural 
law ;  and  such  custom  should  be  abandoned. 


IS  obligation  distinguished?  How  is  it  iiiiermd?  and  how  external! 
What  is  ferfect  obligation?  and  what  inifcrfect?  36.  When  is 
the  law  of  nations  conventional?  Why  is  it  called  arhitraryf 
What  is  a  treoAyl    37.  What  is  the  customary  \zl\v  of  nations? 


Ohap.   IV.  FORMS  Of  GOVERNMENT.  29 

CHAPTER   IV. 

Of  the  different  Forms  of  Governvieni. 

38.  Government,  in  a  political  sense,  is  that  form  of 
fundamental  rules  and  principles  by  which  a  state  or  na- 
tion is  governed,  or  by  whicii  the  members  of  a  body 
politic  are  to  regulate  their  social  actions.  By  govern- 
mentJs  Jlpo  meant  the  administration  ol'  public  affairs, 
accorcunYi-O  established  constitutions,  laws  and  usages. 

89.  Tne  object  of  government  is  lo  secure  to  themem- 
ber.-3  of  a  community  the  enjoyment  of  their  natural  rights. 
As  every  government  is  designed  to  promote  the  happi- 
ness and  well  being  of  its  citizens,  that  government  must 
be  the  best  which  conduces  most  lo  this  end.  Govern- 
ments, good  or  bad,  have  existed  in  all  ages. 

40.  The  most  common  forms  oi  government  are  the 
following: 

(1.)  A  desfolism;  in  which  arbitrary  power  is  exercised 
by  ojte  man.  Despot  is  a  word  of  Greek  origin,  signify- 
ing master,  or  lord.  At  a  later  period,  it  became  an 
honorary  title,  given  by  the  Greek  emperors  to  their  sons 
and  sons-in-law,  when  governors  of  provinces.  At  pres- 
ent it  means  an  absolute  ruler,  as  the  emperor  of  Russia. 
In  a  narrower  sense,  it  conveys  the  idea  of  tyranny. 
Tyrant,  also,  is  of  Greek  origin,  and  has  nearly  the  same 
meaning  as  despot,  signifying  king,  or  absolute  ruler. 
These  words  had  net  originally  the  bad  signification 
which  is  now  attached  to  them.  BuL  as  the  possessor  of 
uncontro'led  power  usually  abuses  it,  they  came  at  length 
to  signify  abuser  of  pov/er. 

41.  Turkey  and  Russsia  are  despotic  in  a  high  degree. 
In  Turkey,  the  sultan  has  unlimited  control  over  the 
properly  and  lives  of  his  subjects,  especially  the  highest 
officers  of  state,  whom  he  can  remove  or  put  to  death  at 


.38.  What  is  the  meaning  of, s'oi'enr.^aewi?  39.  What  is  its  object? 
H).  What  is  a  despotum?  What  is  ihe  ori;<Tin  ol  the  words  dcaput 
■:)j)ii  LyrcM?    41.  What  power  does  the  sultan  possess?     What  is 


30  '       PRINCIPLE!  OF  GOVERNMENT.  Part  I. 

h)8  will.  He  makes  laws  without  being  himself  subject 
to  them.  He  isTcstrained  only  by  the  Koran  and  the 
fear  of  rebellion.  Th«  Koran  is  the  bible  of  the  Ma- 
hometans, containing  the  pretended  revelations  of  their 
prophet.  The  people  have  no  rights.  Such  is  their  ig- 
norance, that  they  do  not  seem  to  know  that  they  could 
be  in  a  better  condition. 

42.  (2.)  An  aristocracy;  in  which  the  supreme  power 
is  exercised  by  privileged  classes,  or  in  which  they  are 
allowed  a  disproportionate  share.  When  t3Ataj|r  i»  i" 
the  hands  of  a  k\\,  it  is  called  an  oligarchy,  \^ich  is  by 
some  thought  to  be  the  worst  of  all  governments. 

43.  (3.)  A  monarchy;  which  is  a  form  of  government 
in  which  the  supreme  power  is  lodged  in  the  hands  of  a 
single  person.  Such  a  state  is  usually  called  a  kingdom, 
or  an  empire.  This  name  is  generally  given  to  a  large 
state  only.  But  it  is  sometimes  applied  to  a  state  or  king- 
dom in  which  the  supreme  magistrate  is  limited  by  a 
constitution  or  laws.  Hence  we  speak  of  despotic 
or  absolutt  monarchies,  and  of  limited  or  mixed  mon- 
archieii.  Of  the  latter  class  are  Great  Britain  and 
France, 

44.  In  Great  Britain,  the  power  is  lodged  in  the  hands 
of  a  king,  nobles,  and  a  body  representing  in  some  de- 
gree the  rights  and  interests  of  the  great  body  of  the 
peopla.  The  nobilit)^  are  persons  who  enjoy  a  rank  above 
the  common  people.  They  claim  the  highest  civil  hon- 
ors and  privileges,  often  by  no  other  right  than  the  right 
of  birth;  and,  with  the  archbishops  and  bishops,  they  con- 
stitute the  house  of  lords.  The  house  of  commons,  the 
representative  branch  of  the  legislature,  consists  of  the 
representatives  of  cities,  boroughs  and  counties,  and  are 
«hosen  by  men  who  possess  the  property  or  qv.alifications 
required  by  law.  These  two  branches  of  the  legislature 
are  called  the  parliament. 


the  Eoran?  Tha  condition  of  the  people'?  42.  What  is  «n  aris- 
tocracy? 43.  What  is  a  monarchy?  What  different  kinds  of  mon- 
arohies  are  there.?  44.  In  what  bodies  arc  the  powers  of  goyem- 
■aent  lodged  in  Great  Britain?  How  is  the  parliament  constitutedl 


Chap.   IV,  TOKMS  OF  GOTERNMENt.  31 

45.  In  France,  the  executive  power  belongs  to  the 
king".  He  is  commander  of  the  sea  and  land  forces ;  he 
declares  war,  and  makes  all  appointments.  The  legisla- 
tive power  rests  in  the  king,  the  chamber  of  peers,  and 
the  chamber  of  deputies.  The  king  proposes  the  laws. 
The  peers  are  nominated  by  the  king;  and  their  dignity 
was  formerly  either  granted  for  life,  or  made  hereditary, 
at  his  pleasure.  But  since  the  revolution  of  1830,  the 
hereditary  quality  of  the  French  peerage  has  been  abol- 
ished, '^e  deputies  are  elected  by  the  electoral  col- 
leges; the  ministers  of  state  may  be  members  of  either 
chamber. 

46.  (4.)  A  republic,  or  coinmonweallh,  the  last  form  of 
government  which  shall  be  here  noticed,  is  a  state  in 
which  the  sovereign  power  is  lodged  in  representatives 
elected  by  the  the  people.  Such  is  the  government  of  the 
United  States.  The  democracies  of  Greece  are  often 
called  republic.^.  A  democracy,  however,  is  a  government 
in  which  the  people  meet  in  one  assembly,  and  enact  and 
execute  the  laws.  But  this  can  be  done  only  in  a  very 
small  community.  Our  government  is  therefore  a  repre- 
sentalive  repiohlic,  because  the  people,  instead  o^j^iacting 
laws  in  person,  elect  a  small  number  to  repres4rrt,them. 
But  as  political  power  is  retained  in  the  hands  of  the 
people,  our  government  may  with  some  propriety  be  called 
a  democracy. 

47.  From  the  description  here  given  of  a  mixed  mon- 
archy and  a  representative  republic,  these  two  forms  of 
government  may  appear  in  a  considerable  degree  simiiar. 
But  though  the  king  may  have  no  greater  pouter  in 
making  laws  than  the  president  of  the  United  Stat«s,  he 
obtains  his  power  by  hereditary  right,  or  right  by  birth, 
independent  of  the  suffrages  of  the  people,  and  often 
contrary  to  their  wishes.  So  also  with  regard  to  th« 
higher  branch  of  the  legislature  :  its  members,  hold  their 
offices,  either  by  right  of  birth,  or  by  appointment  of  th« 


4.5.  By  what  bodies  in  France?  How  is  the  legislature  constituted^ 
4().  What  i«  a  republic?  A  democracy?  What  kind  of  a  gorem- 
meat  is  that  of  the  Uniten   States?     47.  Wherein  consists  the  dif- 


32  PRINCIPLES  OF  GOVERNMENT.  Pari  I. 

king.  And  although  the  lower  branch  is  elective,  such 
have  been  i  le  qualification?  required  of  tne  electors,  as  to 
throw  tile  legislative  power  virtually  in  o  the  hands  of  the 
more  favored  classes. 

4S.  J 1  France,  ii  a  population  of  32,000,000,  there 
were,  in  1S30,  about  215,000  electors;  no  person  being 
allov/-Pu  to  vote  unless  he  possessed  property  on  whicti 
he  paid  200  francs  of  direct  taxes  ;  nor  to  be  elected  a 
representative,  unless  his  property  were  subject  to  a  tax 
o[  500  francs. 

■  49.  Similar  restrictions  formerly  existed  in  tSreat  Brit- 
ain, where  (he  elective  franchise  was  limited  to  the  free- 
holders. The  land  being  owned  by  a  few,  and  cultivated 
by  tenants,  the  election  deoended  on  the  richest  families. 
Besides  Uie  clergy,  who,  (_in  1822,)  possessed  c;bout  six 
thousand  estates,  and  ihe  corporations,  whose  possessions 
migiit  be  reckoned  oi  an  equal  number,  there  were  hi 
England  but  about  20,000  landholders,  among  a'  popula- 
tion of  13,000,000.  The  English  laAV  which  gives  to  the 
eldest  son  all  ine  real  estate,  is  itself  sufficient  to  keep 
together  large  masses  of  landed  property.  In  1786,  there 
were^ 250,000  land  proprietors. 

.;50.  •■''*Ei'i  this  unjust  distinction  between  the  rich  and 
pooT,  has  been  in  a  great  degree  abolished  in  England. 
By  an  act  of  verorm  passed  in  1832,  the  elective  franchise 
was  much  e.-ctended  ;  so  that  it  is  at  nrssent  enjoj'ed  to 
nearly  tiie  same  extent  as  in  the  United  States.  Such 
has  been  tlie  progress  of  republican  principles  among 
the  governments  of  Europe,  as  to  cause,  in  many  of  them, 
important  changes  in  favor  of  the  rights  of  the  people. 

51.  Some  writers  do  not  allow  more  than  three  regular 
forms  of  government :  the  first,  when  the  sovereign  power 
IS  lodged  in  an  aggregate  assembly,  consisting  of  all  the 
members  of  a  community,  which  is  called  a  democracy ; 
the  second,  when  it  is  lodged  in  a  council  of  select  mem- 


ference  between  mixed  governments  and  representative  republics? 
AS.  To  M"hat  decree  is  the  elective  franchise  restricted  in  France? 

49.  How  was  it  lormerly  restricted  in  England?  From  what  causes? 

50.  When  was  ii  extended'     To  what  extent  is  it  at  present  en- 
joyed?    51.  To  how  many  kinds  may  the  dilTerent  forms  of  gov- 


Chap.   lY.  P0RH9  OP  GOVBUNMENI'.  33 

bere,  and  then  it  is  styled  an  aristocracy;  and  third,  when 
It  is  entrusted  in  the  hands  of  a  single  person,  and  then  it 
takes  the  name  of  a  monarchy.  All  other  kinds,  they 
say,  may  be  reduced  to  these  throe. 

52.  In  limited  or  mixed  monarchies,  there  is  usually  a 
charter  or  constitution.  A  constitution  is  the  fundamental 
law  of  a  state,  whether  it  be  a  written  instrument  of  a 
certain  date,  like  that  of  the  United  States,  or  an  aggre- 
gate of  laws  and  usages  which  have  been  formed  in  the 
r-ourse  of  ages,  like  the  English  constitution.  In  France 
it  is  called  a  charter.  In  Cxreat  Britain  it  is  called  a 
constitution ;   but  it  is  not  written. 

5o.  The  constitution  of  the  United  States  was  cstab" 
lished  by  the  people  for  their  oivn  regulation.  It  pre- 
scribes the  duties  and  powers  of  officers  who  majr  be 
chosen  to  make  and  administer  the  laws.  All  laws  enac- 
ted l>y  the  representatives  of  the  people,  must  be  in  con- 
formity to  the  constitution,  which  is  the  foundation  of  such. 
laws,  or  they  are  not  binding  upon  the  people.  The 
constitution  restrains  our  rulers,  and  secures  to  evejry 
citizen  his  rights.  It  is  also  essential  in  assigning^  to 
each  branch  of  the  government  its  powers  and  limits.  -It 
is  a  representative  constitution  ;  and  as  it  was  formed  and 
adopted  by  the  people,  they  alone  have  the  power  to 
amend  and  alter  it  whenever  it  shall  be  found  defective. 
This,  however,  can  be  done  in  such  manner  only  as  the 
constitution  prescribes. 


frnment  be  reduced?  52.  In  what  governments  is  there  a  con.'^ti- 
ttiiior.T  53.  By  whom,  and  for  what  purpose,  was  the  constitution 
c-f  the  United  States  established?  Who  have  the  power  to  amend  it? 


34  PfilHOIPLKfl  OF  G0TSENVBN7  Put  I 


CHAPTER  V 

Of  Sovereignty — and  of  Political  and  Civil  Powers  m 
a  Government. 

54.  By  sovereignty  is  meant  supremacy,  or  sapreroe, 
nnlimited  power.  When  applied  to  a  state  or  nation,  it 
means  only  independence.  A  sovereign  state  is  a  state  or 
nation  that  possesses  the  right  to  make  its  own  laws,  and 
the  right  to  make  war  and  treaties  with  other  nations. 
But  the  word  sovereignty  is  also  applied  to  the  internal 
government  of  a  state.  The  sovereign  power  of  a  state 
is  that  which  is  superio'r  to  all  other  power  within  the 
state.  Thus,  in  a  despotism,  sovereignty  is  said  to  reside 
in  the  king,  or  supreme  ruler,  who  is  called  the  sovereign. 
In  a  democracy,  where  the  people  govern  themselves,  tbs 
people  are  called  sovereign. 

55.  It  was  anciently  believed,  almost  universally,  that 
sovereignty  was  derived  by  kings  immediately  from  God; 
and?  that,  when  a  throne  became  vacant,  the  right  of  sove- 
reignty returned  to  the  original  source,  to  be  again  con- 
ferred on  the  immediate  successor.  It  was  held  that,  by 
what  means  soever  the  throne  was  obtained,  these  were 
the  occasions  on  which  God  bestowed  the  sovereignty  on 
the  prince.  The  more  orthodox  opinion  now  is,  that  the 
right  is  hereditary ;  and  that,  on  the  death  of  a  prince, 
the  right  of  sovereignty  passes  to  his  lawful  heir.  But 
this  opinion  of  the  "  divine  right  of  kings,"  has  given 
way,  in  a  great  measure,  to  the  more  rational  doctrine, 
that  the  right  of  sovereignty  is  derived  from  the  civil 
compact,  the  people  being  considered  the  legitimate  source 
of  all  poAver. 

56.  Strictly  speaking,  however,  it  is  in  a  state  of  abso- 
lute despotism  only,  where  all  the  powers  of  government 
are  united  in  a  single  person  or  aristocratic   body,  that 


54.  "What  is  meant  by  sovereignty?  55.  How  was  it  anciently 
believed  that  the  right- of  sovereignty  wcs  derived?  To  whoni 
does  political  power  properly  belong?"    56.-In  what  form  of-  gov- 


Cliap.  V.  OF  SOVEREIGNTY.  '-.5 

unlimited  sovereignty,  or  supreme  power,  is  to  be  found. 
Where  any  degree  of  liberty  is  enjoyed,  the  powers  of 
govern meiit  are  delegated  to  distinct  organs ;  and  the  sev- 
eral functionaries  are  in  some  way  held  accountable  for 
the  due  exercise  of  their  powers. 

57.  In  the  English  government,  the  legislature  or 
parliament  has  been  considered  as  possessing  supreme 
power,  because  legislation  is  supposed  to  be  the  greatest 
act  of  superiority  that  can  be  exercised  by  one  being  o\-er 
another.  It  is  deemed  requisite  to  the  very  essence  of 
law,  that  it  be  made  by  a  supreme  power.  But  it  will 
appear  on  examination,  that  such  power  is  not  possessed 
by  parliament.  The  members  of  the  house  of  commons 
are  elective,  and  are  accountable  to  the  people,  at  whose 
will  they  hold  their  offices.  And  the  power  of  the  other 
house,  as  well  as  the  power  of  the  king,  in  most  of  his 
prerogatives,  is  held  in  check  by  the  popular  branch  of 
the  legislature. 

58.  By  the  constitution  of  the  United  States,  the  dif- 
ferent powers  are  euLrusted  to  different  organs,  and  are 
duly  defined  and  limited.  Every  branch  of  the  govern- 
ment is  accountable  to  some  tribunal.  The  legislature 
and  the  executive  are  accountable  to  the  peeple  at  their 
elections.  Executive  officers  and  judges  are  liable  to 
impeachment  and  removal.  Nor  have  the  people,  from 
whom  all  power  is  derived,  retained  to  themselves  that 
absolute  and  unlimited  sovereignty,  which,  it  is  declared, 
resides  somewhere  in  every  government,  and  is  alike  in 
all  countries.  And  yet,  limited  as  the  powers  of  this 
government  are,  they  have  been  found  competent  to  the 
great  object  of  all  civil  institutions,  the  happiness  of  the 
people. 

59.  A  proper  distribution  of  power,  and  a  due  distinc- 
tion between  the  civil  and  political  laws  in  a  government, 
are  of  the  first  importance.     From  the  distinction  made 


•'niment.doesnn'.imited  sovereignty  residcl  57.  Why  may  not 
■  iipreme  power,  or  sovereignty,  be  said  to  exist  in  the  English 
government.?  58.  How  are  the  powers  of  government  restricted 
m  the  United  States?     To  whoia  are  the  ditlerem  branches  ac- 


36  POINCIPLES  OF  COVERNMEKT.  Part  I. 

in  a  preceding  chapter,  between  political  and  civil  rights 
and  liberty,  it  will  be  readily  understood,  that  hy  polUical 
lavs  are  meant  the  laws  of  the  constitution,  by  which  a 
statt?  or  body  politic  is  organized  and  governed;  that  is, 
the  laws  which  govern  those  who  are  vested  with  the 
power  to  make  laws  and  administer  the  government. 
"  The  laws  of  the  constitution,  the  political  laws,''  as  a 
writer  observes,  "are  i.o  those  entrusted  with  the  powers 
of  government,  what  The  laws  made  by  the  government 
are  to  a  court  of  judicature."  A  judg.e.  in  the  discharge 
of  his  duties,  is  bound  by  the  civil  law :  so  are  le^gisla- 
ture.s  and  other  bodies,  who  are  entrusted  with  the  powers 
of  government,  bound  by  the  political  lav/  or  constitution, 
as  the  supreme  law. 

GO.  In  absolute  or  despotic  governments,  there  are  no 
political  laws  bindmg  on  those  who  exercise  the  powers 
of  government.  The  ruler  arrogates  to  himself  all  pow- 
ers, political  and  civil.  The  laws  he  makes  do  not  relate 
to  his  own  conduct:  and  he  alters  or  repeals  them  at  his 
will.  The  principal  rule  by  which  a  ruler,  in  such  a 
government,  is  regulated  in  the  exercise  of  political  power, 
are  some  customs  or  usages,  which  the  people  regard  as 
more  sacred  than  the  authority  of  -the  prince,  and  which 
he  cannot  violate  without  exciting  the  indignation  of  his 
subjects.  Yet,  as  he  is  subject  to  no  positive  laws  or 
roguloiions,  tlie  people  enjoy  no  political  right.s. 

Gl.  In  a  democracy,  each  citizen  has  an  equal  voice  in 
passing  all  laws,  whether  of  a  civil  or  political  nature,  as 
well  as  in  appointing  those  who  administer  the  laws.  The 
consequence  is,  that  the  laws  are  liable  to  frequent  altera- 
tions, according  to  the  fluctuations  of  popular  passions 
nnd  prejudice.  As  all  laws  are  enacted  by  the  same  body, 
there  is  no  distinction  of  constitutional  and  unconstitutional 
law:  the  last  laAV  on  every  subject  is  always  consthutional, 
and  it  must  be  so  considered  by  every  one  in  the  civil 
administration.     The  people  under  this  form  of  govcrn- 


coun'able?  59.  Wherein  consists  the  difference  between  political 
iujd  civil  laws'?  GO.  By  wliat  rule,  principally,  are  nilcr.s  in  des- 
potic govemracDts  rcgi'laled?     61.  How  ire  the  polilical  and  civil 


Chap.   V.  POLITICAL  AND  CIVIL  POWER.  37 

rnent  are  liable  to  sufTor  great  evils.  The  majority  often 
oppress  the  minorit_y  with  unjust  laws,  especially  when 
measures  are  adopted  in  the  violence  of  party  spirit. 

62.  In  mixoi  governmsnts,  also,  legislative  bodies  possess 
the  civil  as  well  as  political  powers  of"  legislation.  They 
have  the  same  power  to  make  or  alter  a  law  that  relatets 
to  the  constitution,  as  they  have  to  make  or  alter  a  law 
that  relates  to  the  civil  state.  Their  laws  cannot  therefore 
be  adjudged  unconstitutional. 

63.  In  a  representative  form  of  government,  the  polit- 
ical rights  of  the  people,  and  the  civil  powers  of  the 
government,  are  exercised  separately  by  those  to  whom 
ihey  are  severally  reserved  or  delegated.  The  govern- 
ment of  the  U.iited  States  furnishes  an  example  of  the 
superiority  of  this  form  over  any  other.  It  is  believe<l 
that  no  other  people  enjoy  equal  security  of  civil  liberties. 
Their  p.olitical  power  and  liberty  are  greater  than  under 
a  mixed  government ;  and  though  they  are  less  than  in  a 
democracy,  they  are  not  so  liable  to  be  affected  by  sudden 
alterations  of  the  fundamental  laws  of  the  government. 
The  constitution  effectually  guards  Itself  agamst  frequent 
or  needless  changes  through  popular  excitement,  which 
are  incident  to  a  democracy,  as  will  appear  by  a  reference 
to  that  article  of  the  constitution  which  provides  for  its 
amendment. 

64.  Whh  equal  effect  does  the  constitution  prevent  that 
confusion  of  powers  which  exists  in  both  a  democracy 
and  a  mixed  monarchy.  In  the  ancient  republics  of 
Greece  and  Rome,  every  freeman  was  a  member  of  the 
legislature,  and  gave  his  vote  in  the  assembly  of  the  peo- 
ple. This  blending  the  political  with  the"'civil  power, 
proved  the  source  of  great  evils  in  those  democracies! 
Against  these  evils,  that  form  of  government  which  has 
been  adopted  by  the  people  of  the  United  States,  provides 
an  efTectual  safeguard.       The  power  of   adopting  and 


powers  of  government  exercised  in  a  democracy?  63.  How  arfi 
tnese  powers  exercised  m  mixed  governments?  G3.  How  in  a 
representative  government?  What  is  the  advantage  of  this  divis- 
ion of  powers?     Gi.  In  what  manner  was  the  government  admin-. 


3S  PRINCIPLES  OF  GOVERNMENT.  Part   I 

amending  their  constitution,  of  electing  and  controlling" 
the  officers  of  the  government,  is  exercised  by  the  people 
in  their  political  capacity  ;  while  the  civil  administration 
of  the  goA'ernment  is  entrusted  to  their  representatives,  and 
others  appointed  for  that  purpose. 

65.  The  inconveniences  that  must  attend  the  exercise  of 
the  power  of  legislation  by  a  body  composed  of  the  whole 
people,  may  be  easily  conceived.  An  assemblage  so  nu- 
merous, and  consisting  of  men  governed  by  so  great  a 
variety  of  passions  and  interests,  would  be  incapable  of 
discussing  affairs  ;  disorder  and  cor.fusion  would  prevail ; 
and  measures  would  be  adopted  without  that  calm  and 
dispassionate  deliberation  which  the  public  good  requires, 
and  which  may  be  had  in  a  representative  assembly.  To 
this  is  to  be  attributed  that  fluctuation  of  measures,  and 
that  instability  of  government,  for  v\'hich  those  ancient 
republics  were  distinguished. 

60.  To  remedy  these  and  other  evils  incident  to  a  pure 
democracy,  it  has  been  proposed  to  limit  the  right  of  suf- 
frage. None,  it  is  urged,  should  be  allowed  to  participate 
in  the  government,  who  do  not  possess  a  certain  amount 
of  property,  or  such  ether  qualifications  as  might  be  re- 
quired, or  as  are  not  possessed  by  t\\e  people  generally. 
But  such  a  restriction  of  this  right  would  destroy  that 
equality  which  is  essential  to  a  republic,  and  ehange  the 
government  into  a  species  of  aristocracy. 

67.  Happily,  for  the  cause  of  free  principles,  the  ob- 
jeciions  which  have  hitherto  been  urged  against  popular 
governments,  have  been  removed,  in  a  great  measure,  by 
that  improvement  upon  a  democracy  which  has  been  car- 
ried into  the  government  of  these  United  States.  This 
improvement  consists  principally  in  the  separation  of  the 
political  and  civil  powers  of   government ;    and  in  th» 


i.stered  in  Greece  and  Rome?  65.  Wherein  con.>i.sts  the  advan- 
las^e  of  a  representative  legislalire  assembly,  over  one  that  is  com- 
posed of  the  people  at  large?  66.  What  has  been  proposed  as  a 
remedy  for  the  evils  incident  to  a  democracy?  What  isihe  objec- 
tion to  this  proposition?  67.  In  what  coniisi  the  modem  improve 
wauls  in  free  governments? 


Chap.   Y  POLITICAL  AND  CIVIL  POWBR.  39 

division  of  the  civil  power  into  legislative,  executive,  and 
judicial  branches,  in  defining  their  respective  pow^ers,  and 
in  confining  each  within  its  own  appropriate  sphere  of 
action.  The  benefits  of  this  system  have  been  satisfacto- 
rily tested  by  the  people  of  the  United  States.  This  form 
of  government  is  justly  regarded  as  a  model  for  other 
nations,  and  its  adoption  constitutes  an  era  in  the  history 
■aiid  science  of  cfovernment. 


PART   SECOND. 


HISTORY  OF  THE  COLONIES-AFTER  WARDS  INDE 
PENDENT  STATES— FROM  THEIR  FIRST  SETTLE 
MENT  TO  THE  ADOPTION  OF  THE  CONSTITU 
TION. 


CHAPTER  I. 

Discovery  of  America  and  Selllemcnt  of  the  Colonies. 

68.  A  BRIEF  history  of  the  colonies,  of  their  settlement 
and  political  institutions,  is  here  deemed  useCul,  especial 
ly  to  young  persons.  A  recital  of  the  sacrifices  which 
were  made  to  secure  the  independence  of  these  stales,  can- 
not fail  to  inspire  youth  with  sentiments  of  genuine  patri- 
otism; while  a  knowledge  of  the  government  of  the  colo- 
nies, and  of  the  changes  effected  in  them  from  time  to 
time,  will  enable  them  the  better  to  understand  the  nature 
and  objects  of  the  constitution. 

69.  In  1492,  America  was  discovered  by  Christopher 
Columbus  ;  an  expedition  having  been  fitted  cut  for  that 
purpose  by  the  Spanish  g-^vernment,  at  his  earnest  solici- 
tations. His  discovery,  however,  was  confined  to  the 
West  Indies.  The  English  were  the  first  people  that 
discovered  the  continent  of  America.  This  discovery 
was  made  in  the  year  1497,  by  Giovanni  Cabot  and  his 
son  Sebastian,  who  v/ere  commissioned  by  Henry  VII. 
to  sail  in  quest  of  new  countries. 

69.  By  -n-hom,  and  when,  was  America  discovered?     70.  Whea 


Chap.   I.  SBTTLEMENr  07  THE  COLONIES.  41 

70.  Of  the  thirteen  colonies  whose  delegates  signed 
the  Declaration  of  Independence,  all  but  Georgia  were 
settled  in  the  st-venteenth  century.  A  colony  is  a  settle- 
ment of  persons  gone  from  a  country  to  inhabit  some 
distant  place,  but  who  remain  subject  to  the  parent  coun- 
try. With  few  exceptions,  the  colonists  were  English- 
men. The  settlements  were  chiefly  made  at  a  time  of 
great  political  excitement  in  the  parent  country,  caused 
by  encroachments  of  the  crown  upon  the  liberties  of  the 
people.  Multitudes  annually  fled  hither  to  find  a  refuge 
from  oppression.  The  attempt  on  the  part  of  the  govern- 
ment, to  enforce  conformity  to  the  established  church, 
also  brought  many  to  thib  country,  where  they  might 
enjoy  freedom  of  conscience  in  matters  of  religion. 

71.  In  1603,  two  companies  of  merchanto  and  others 
were  incorporated  under  the  names  of  the  London  com- 
pany, and  the  Pbjmouth  company,  with  the  exclusive 
right  of  settling  and  trading  within  their  respective  limits. 
In  1607,  the  London  company  sent  to  Virginia  a  colony 
of  100  men,  which,  in  consequence  of  war  with  the 
natives,  scarcity  of  food,  and  disease,  was  reduced  in  a 
few  months  to  38.  In  October,  1609,  the  number  had 
been  increased  by  new  colonists  to  500;  but  a  famine 
reduced  them  in  about  six  months  to  60.  In  1613,  che 
land  which  had  before  been  held  in  common,  was  dis- 
tributed to  each  individual. 

72.  The  supreme  government  of  the  colonies,  on  their 
first  establishment,  v/as  vested  in  a  council  which  resided 
in  England,  and  was  nominated  by  the  king;  the  subor- 
dinate jurisdiction,  in  a  council  which  was  to  reside  in 
America,  also  to  be  named  by  the  king,  and  to  act  in 
conformity  to  his  instructions.  This  charter  being  found 
inconvenient,  a  new  one  was  granted  by  James,  enlarging 
the  colony,  abolishing  the  council  in  Virginia,  and  vesting 
the  government  in  one  residinq;  in  London. 


were  the  thirteen  colonies  settkd^  By  what  people?  Whal  is  a 
colony?  71.  When  was  the  first  colony  planted  in  Vii  sJ^'ia?  Ey  what 
companyl    J-^.  In  what  bodies  was  'the  government  of  the  colonies 


42  HISTORY  OF  THE  COLONIES.  Paxt  IL 

73.  In  1619,  a  great  change  Avas  effected  in  the  gov- 
ernment of  tlie  colony.  A  general  assembly,  the  first 
that  was  held  in  Virginia,  was  called  by  the  governor. 
Eleven  boroughs  sent  representatives  to  the  convention. 
The  supreme  authority  was  divided  between  the  governor, 
a  council  of  state  appointed  by  the  company  in  England, 
and  a  general  assembly  elected  by  the  people  with  the 
power  to  enact  laws- 

74.  In  1G22,  347  men,  women  and  children,  were 
massacred  by  the  Indians  ;  an  Indian  war  follov/ed,  which 
reduced  the  number  of  settlements  from  eighty  to  eight. 
It  may  here  be  remarked,  that  this  disaster,  and  the  many 
that  followed,  together  with  the  settled  hostility  of  the 
Indians  which  afterwards  subsisted,  were  doubtless  owing 
to  the  imprudence  of  the  first  settlers,  rather  than  to  the 
bad  disposition  of  the  natives. 

75.  In  1G24,  ttie  displeasure  of  James  having  been 
excited  by  the  change  that  had  been  made  in  the  govern- 
ment of  the  colony,  the  charter  was  declared  forfeit,  and 
the  company  dissolved.  A  charter  is  a  writing  that 
grants  privileges  or  rights  to  the  subjects  of  a  govern- 
ment. 

76.  The  Plymouth  company,  v/hich  had  the  exclusive 
right  to  trade  and  settle  in  North  Virginia,  did  nothing 
effectual  towards  colonizing  their  territory.  But  in  1620, 
a  number  of  Puritans  embarked  on  a  voyage  with  a 
design  of  settlement  on  the  Hudson.  But  by  accident,  as 
some  suppose,  they  were  landed  on  Cape  Cod,  within  the 
limits  of  the  Plymouth  company:  or,  as  others  think,  by 
the  treachery  of  the  Dutch,  who  themselves  contemplated 
settling  on  the  Hudson,  they  were,  against  their  inten- 
tion, compelled  to  land  on  the  shores  of  Cape  Cod.  Pu- 
ritans was  a  name  given  to  those  who  dissented  from  the 
established  church,  because  they  wished  for  a  purer  form 


vcs^ed.  on  their  first  establishment?  73.  What  chai  g;e  was  effected 
m  1(U9?  74.  What  disaster  befel  the  colonists  ii;  162:-?  75.  V/hen, 
and  for  what  cause,  was  the  charter  of  the  Virginia  colony  dissol- 
v-f'dt  What  is  a  cAaricr?  76.  Where,  and  in  what  ;eo-r,  did  the 
Plymoath  company  make  their  first  settlement?      What  is  the 


Chap.  I.         SETTLEMENT  OF  THE  COLONtBfl.  43 

of  discipline  and  worship ;  as  m.:ny  of  the  ancient  forms 
and  ceremonies  of  the  Romish  church  were  still  contin- 
ued. 

77.  Not  having  contemplated  any  plantation  at  this 
place,  they  had  not  obtained  any  charter  from  the  compa- 
ny. Destitute  of  any  right  to  t))e  soil,  and  without  any 
powers  of  government,  on  tne  11th  of  November,  before 
they  landed,  they  drew  up  and  signed  a  compact,  in  which, 
after  acknowledging  themselves  to  be  subjects  of  the 
crown  of  England,  they  declared  as  follows:  "Having 
undertaken,  for  the  glory  of  God,  and  the  advancement 
of  the  christian  faith,  and  the  honor  of  our  king  and 
country,  a  voyage  to  plant  the  iirst  colony  in  the  northern 
parts  of  Virginia,  we  do,  by  these  presents,  solemnly  and 
mutually  in  the  presence  of  God  and  of  one  another, 
covenant  and  combine  ourselves  together  into  a  civil  body 
politic,  for  our  better  ordering  and  preservation,  and 
furtherance  of  the  ends  aforesaid ;  and  by  virtue  hereof 
do  enact,  constitute  and  frame  such  just  and  equal  laws, 
ordinances,  acts,  constitutions,  and  offices,  from  time  to 
time,  as  shall  be  thought  most  meet  and  convenient  for 
the  general  good  of  the  colony ;  unto  which  we  promise 
all  due  submission  and  obedience."  This  was  the  earliest 
American  constitution,  and  was  signed  by  41  persons.  It 
was  in  substance  a  pure  democracy. 

78.  The  company,  including  women  and  children, 
smounted  to  101.  They  proceeded  to  examine  the  coast, 
and  finally  determined  to  settle  in  a  place  called  New 
Plymouth.  Exhausted  by  the  fatigues  of  the  sea,  and 
suffering  from  a  want  of  suitable  provisions  and  shelter, 
nearly  one  half  of  their  number  died  Avithin  four  months 
lifter  their  landing.  They  continued  for  ten  years  to 
hold  their  goods  and  property  in  common,  Avhen  they 
obtained  from  the  company  a  grant  of  the  land  which 
they  had  before  held  only  by  O'Tcupancy.  At  this  time 
iheir  number  did  not  exceed  three  hundred.     For  many 


meauing  of  Puritans?  Tl.  What  was  the  character  of  the  govem- 
Dieut  which  they  adopted  on  landing^    78.  Where  did  they  settle? 


44  HISTORY  OF  THE  COLONIES.  Part  II. 

years  ihey  continued  a  mere  voluntary  association,  go> 
erned  by  laws  and  magistrates  formed  and  chosen  by 
themselves,  until  they  were  incorporated  with  Massachu 
setts,  in  1G92. 

79.  lu  1623,  the  Massachusetts  colony  was  settled  by 
a  company  incorporated  by  royal  charter,  the  land  having 
been  previously  purchased  from  the  Plymouth  company. 
In  1830,  the  government  of  the  colony  was  transferred  to 
Massachusetts,  by  a  vote  of  the  company.  A  few  years 
later,  the  freemen  adopted  the  plan  of  acting  by  delegates 
or  representatives,  and  the  charter  of  a  trading  company 
was  converted  into  the  constitution  of  a  com.monwtalth. 
This  unauthorized  assumption  of  power,  as  well  as  their 
religious  principles,  rendered  the  Puritans  obnoxious  to 
the  court  party  ot  hume,  and  led  the  Plymouth  company 
to  resign  their  charter  to  the  king:  and  Massachusetts, 
like  Virginia,  was  taken  into  royal  hands.  But  such  was 
the  disturbed  state  of  England,  that  these  distant  and  in- 
significant colonies  attracted  little  notice,  and  were  leA 
to  grow  up  in  habits  of  self-government,  their  numbers  at 
the  same  time  increasing  by  emigrations  of  nuchas  were 
unsuccessful  in  the  civil  strifes  at  home.  The  persecuted 
Puritans  iled  to  New  England;  the  Catholics  to  Mary- 
land; and  the  defeated  royalists  to  Virginia. 

80.  New  York  was  settled  by  the  Dutch  in  1614,  and 
was  held  by  them  fifty  years.  It  was,  however,  clain;ed 
by  England,  having  been  discovered  by  Henry  Hudson, 
in  1608,  who  entered  the  bay  of  New  York,  and  sailed 
up  the  river  to  latitude  43  degrees  north.  He  did  not 
attempt  to  land  and  form  a  settlement,  contenting  himself 
with  claim.ing  the  country  for  his  sovereign,  James'  %  by 
right  of  discovery.  The  English  asserted  that  Hudson 
was  employed  by  their  government,  and  that  he  sold  the 
country  to  the  Duteli  without  authoritj'-.  The  Dutch 
maintained  that  he  was  in  the  service  of  the  Dutch  East 


How  were  they  governed?  How  long'?  79.  When  was  the  Mas- 
sachusetts colony  sctilcd?  What  plan  of  government  wa.s  adopted 
in  Massachuseits?  SO.  When  was  New  York  seitled'  By  whom f 
By  whom  was  it  discovered'/  When  was  it  occupied  by  the  EnglisL'? 


Chap.  II.       SETTLEMENT  OF  THE  COLONIES.  46  . 

India  comp:iny  at  the  time,  and  made  their  settlements 
without  interruption  for  many  years.  In  1664,  the  colony 
was  occupied  by  the  English ;  and  the  territory  now 
comprising  New  York,  New  Jersey  Pennsylvania,  Dela- 
ware, and  a  p:irt  of  Connecticut,  was  granted  by  Charles 
II.  to  his  brother,  the  Duke  of  York, 

81.  New  Jers.?y  was  settled  by  the  Dutch,  in  1G24, 
and  occupied  by  the  English  in  1664.  New  Hampshire 
was  first  settled  in  1623,  at  Andover  and  Portsmouth. 
Djlaware  was  settled  by  the  Dutch  in  1627,  and  occupied 
by  the  English  in  1664.  Some  Swedes  settled  here  in 
1638,  but  they  were  conquered  by  the  Dutch,  and  most  of 
them  left  the  country.  Maine  was  settled  in  1630,  and 
united  with  Massachusetts  in  1677.  Maryland  was  set- 
tled in  1633,  and  was  the  first  colony  that  was  governed 
directly  as  a  province  of  the  British  empire.  Its  founder 
was  Sir  George  Calvert,  a  Roman  Catholic  nobleman. 
He  obtained  a  grant  of  the  lands  from  Charles  I.  New 
Haven,  settled  in  1637,  was  united  with  Connecticut  in 
1662.  Connecticut  was  settled  from  Massachusetts  in 
1632 


CHAPTER  II. 


Forms  of  Government — Causes  of  the  Revolution — Com- 
mencement of  Hostilities. 

82.  Of  the  forms  of  government  which  prevailed  in 
the  colonies,  there  were  tiiree — the  charter,  the  royal,  and 
the  proprietary  governments.  The  charter  governments  • 
were  those  of  New  England.  The  people  were  entitled 
to  the  privileges  of  natural  born  subjects.  They  elected 
their  own  governors  and  legislative  assemblies,  and  estab- 


€1.  "VVflcn  were  the  other  colonies  re.spectivcly  seltled?     82.  What 
djfierent  forms  of  governmcat  prevailed  in  the  colouies7      Wliat 


46  HTSTORY  OF  THE  coLONiEg.  Part  II, 

lished  courts  of  justice,  and  in  some  points  even  exceeded 
the  powers  conferred  by  the  charters.  The  only  limita- 
tion to  their  legislative  pouter  was,  that  their  laws  should 
not  be  contrary  to  those  of  England.  The  crown  claimed 
the  right  to  revoke  these  charters  ;  but  the  colonists  main* 
tained  that  they  were  solemn  compacts,  and  that  they 
could  not  be  revoked  without  cause.  The  charters  were 
sometimes  declared  forfeited,  or  forcibly  taken  away;  and 
the  disputes  to  which  this  question  gave  rise,  between  the 
mother  country  and  the  charter  governments,  were  one  of 
the  causes  of  the  revolution. 

83.  The  royal  governments  were  those  of  Virginia, 
New  York,  and,  at  a  later  period,  the  Carolinas,  (1728,) 
and  the  Jerseys,  (1702.)  In  these  colonies,  the  governor 
and  council  v,-ere  appointed  by  the  crown,  and  the  repre- 
sentatives to  the  colonial  assemblies  were  chosen  by  the 
colonists.  The  governor  obeyed  the  instructions  of  the 
crown,  and  had  a  negative  power  on  the  proceedings  of 
the  legislature,  which  was  composed  of  the  council  and 
assemblies.  The  judges  and  most  ot  the  officers  were 
also  appointed  by  the  king,  although,  in  many  cases,  paid 
by  the  colony.  The  arbitrary  acts  of  the  governors,  and 
the  royal  claim  to  an  absolute  veto  on  the  acts  of  the 
assemblies,  became  sources  of  much  discontent,  as  the 
exercise  of  these  powers  was  virtually  taking  from  tho 
people  the  right  to  participate  in  the  government. 

84.  The  proprietar?/  governments  were  those  of  Ma- 
ryland, Pennsylvania,  and,  at  first,  those  of  the  Carolinaar 
and  the  Jerseys.  These  colonies  were  in  the  hands  of 
proprietors  or  individuals,  to  whom  grants  of  land  had 
been  mads  by  the  crown,  with  authority  to  establish  civil 
governments  and  make  laws,  under  certain  restrictions, 
m  favor  of  the  crown.  The  proprietors  had  power  to 
repeal  or  negative  the  acts  of  the  assemblies ;  and  the 
exercise  of  this  power  became  a  source  of  continual  quar- 
rels between  the  people  and  the  proprietors.     In   1719, 


■were  the  cAfflr&r  governments?  Where  did  they  prevail?  83.  Where 
were  tlie  roj/rt?  governments  established?  Describe  them?  84. 
Where  were  the  prajyrieiary  governments?     Describe  them?     86. 


Chap.  n.  FORMS  OF   GOVERNMENT.  47 

the  people  of  Carolina  took  the  government  into  their 
own  hands.  The  governor,  council  and  assembly,  were 
all  elected  by  the  people.  A  declaration  of  independence 
was  published,  setting  forth  the  causes  of  their  renuncia- 
tion of  the  farmer  government,  and  signed  by  all  the 
members  of  the  aew  government.  The  oldest  laws  of 
the  Virginia  assembly,  (1624,)  comprise  a  declaration 
defining  the  power  of  tij«  governor  and  the  assembly,  and 
asserting  the  privileges  ol  the  people  in  regard  to. taxes 
and  personal  services. 

85.  At  an  early  period  in  tha  existence  of  the  New 
England  colonies,  (1643,)  a  conf««ieration  was  formed 
between  them  for  mutual  offence  and  defence,  leaving  to 
each  colony  its  own  government,  while  the  common  afiairs 
of  the  confederacy  were  managed  by  a  congress,  consisting'- 
of  two  commissioners  from  each  colony. 

86.  As  early  as  the  seventeenth  century,  the  question 
of  taxation  became  a  subject  of  common  interest  in  the 
colonies.  The  colonists  disputed  the  right  of  parliament 
to  tax  the  colonies.  It  was  believed  that  the  power  of  the 
British  government  extended  only  to  the  regulation  of 
trade.  Having  surmounted  the  hardships  and  difficulties 
which  attended  their  first  establishment,  and  having  made 
considerable  advances  in  commerce  and  manufactures, 
the  freedom  of  commerce  which  they  had  so  long  enjoyed 
began  to  be  interrupted.  Their  trade  was  restricted  by 
the  imposition  of  unjust  taxes  for  the  benefit  of  the  mother 
country. 

87.  By  the  act  of  1651,  none  but  British  or  colonial 
vessels  were  allowed  to  participate  in  the  export  and 
import  trade.  Another  act,  passed  in  1660,  enacted  that 
certain  articles  should  not  be  exported  directly  from  the 
colonies  to  any  foreign  country ;  thus  compelling  the 
colonists  to  sell  their  produce  in  no  other  than  British 
markets.  It  was  next  provided,  (in  1663,)  that  they 
should  buy  such  foreign  articles  as  they  needed  entirely 


What  took  place  in  the  government  of  the  N.  E.  colonies  in  1643? 
86.  What  great  question  arose  in  the  ITih  century?  87.  What  acts 
were  passed  in  1651  and  1663?     88.  What  acis  wera  passed  va 


48  HISTORY  OF  THE  COLONIES.  Part  II. 

of  the  merchants  and  manufacturers  of  England.  Duties 
were,  even  imposed  on  certain  colonial  products  transpor- 
ted from  one  colony  to  another. 

88.  All  attempts  to  manufacture  such  articles  as  the 
mother  country  could  provide,  were  dis-ouraged.  In 
1693,  it  was  enicted,  that  no  wool,  yar«,  or  woolien  man- 
ufactures should  be  exported  from  t-'ie  American  colonies; 
Hnd,  in  1750,  every  slitting  or  roiling  mill,  plati  ig  iorge 
It  work  with  a  tilt  hammer  or  other  machinery,  was 
declared  to  be  a  common  r.uisance,  which  the  governors 
were  directed  to  cause  tJ  be  abated.  It  is  true,  however, 
that  many  of  these  and  similar  acts  of  parliament,  were 
openly  disobeyed  or  secretly  evaded. 

89.  Such  were  some  of  the  features  of  the  policy  of 
the  mother  country,  and  the  causes  of  irritation  and  dis- 
content in  the  colonies.  Many  of  the  acts  for  regulating 
tlie  trade  of  the  colonies,  had  been  unwillingly  submitted 
to,  as  violations  ot  their  rights,  or  secretly  evaded  or 
openlj'^  disregarded,  for  many  years,  when  measures  were 
at  length  taken  by  the  ministry,  not  only  to  enforce  such 
acts,  but  to  raise  a  revenue  in  America  by  inte'rnal  taxa- 
tion. 

90.  In  1765,  the  obnoxious  stamp  act  was  passed,  by 
which  obligations  in  writing  in  daily  use  were  to  be  null 
and  void,  unless  they  were  executed  on  a  paper  or  parch- 
ment stamped  wiih  a  specific  duty.  Newspapers,  alma- 
nacs and  pamphlets,  printed  in  America,  Vv'ere  to  be  made 
to  contribute  to  the  British  treasury.  About  the  same 
time,  a  bill  was  brought  in  authorizing  the  quartering  of 
troops  in  the  colonies. 

91.  As  might  have  been  expected,  the  colonists  were 
unwilling  to  submit  to  these  acts  and  measures ;  and  a 
general  congress,  the  first  of  the  kind,  was  held  at  New 
York,  which  adopted  a  declaration  of  rights  and  griev- 
ances, asserting  taxation  bj'  themselves,  and  trial  by  jury, 
to  be  inherent  rights  of  the  British  subjects  in  the  colo- 


\(W  and  nr^O?  89.  What  measiir*^?,  were  adopted  by  the  ministryT 
90.  What  ai-.t  was  passed  in  17('u?  What  wero  iL>  provisionsf 
yl.  How  did  the  colonists  regard  bi.s  ac:^     ^2.  Whtn  was  the  act 


Chap.    11.  CACSHS  OF  THE   REVOLUTION.  49 

nics.  The  colonial  assemblies  adopted  similar  measures; 
meetings  of  the  people  were  held  :  and  the  whole  country 
was  set  in  a  flame. 

92.  So  violent  was  the  opposition  to  the  stamp  act,  that 
on  the  first  of  November,  the  day  on  which  the  act  was 
to  have  taken  effect,  neither  stamps  nor  officers  were  to  be 
found!  In  this  state  of  affairs,  the. act  was  repealed, 
(]\Iarch,  176G.)  At  the  same  time,  by  a  declaratory  act, 
parliament  asserted  the  right  to  bind  the  colonies  in  all 
cases  whatsoever.  In  1767,  a  bill  was  passed  imposing 
a  duty  on  glass,  paper,  paints  arid  tea,  imported  into  the 
colonies  ;  and  troops  were  quartered  in  Boston  to  enforce 
obedience. 

93.  But  combinations  having  been  formed  by  the 
Americans,  against  the  importation  of  those  articles,  the 
act  was  repealed,  Mar>'h,  1770,  the  duty  on  tea  alone 
being  continued.  Accordingly  the  colonist.s  renounced 
the  use  of  that  article,  or  obtained  it  from  foreign  coun- 
tries ;  in  consequence  of  which  an  act  was  passed  in  1773, 
alUMviug  a  drawback  on  tea  exported  to  America,  for  the 
purpose  of  rendering  it  cheaper,  and  inducing  the  Amer- 
icans to  submit  to  the  small  duty  imposed  upon  it.  Large 
shipments  of  tea  were  accordingly  made;  but  in'IieAV 
York  and  Philadelphia  the  vessels  v\-ere  not  allowed  to 
land  their  cargoes;  in  Charleston  it  was  stored,  but  not 
permitted  to  be  ofiered  for  sale;  and  in  Boston,  after  sev- 
eral unsuccessful  attempts  to  prevent  its  being  landed,  a 
party  of  men,  disguised  as  Indians,  boarded  the  tea  ships, 
and  threw  the  tea  overboard.  This  occurred  December 
10,  1773. 

94.  In  the  following  spring,  by  an  act  of  parliament, 
called  the  Boston  port  bill,  passed  March,  17,  1774,  the 
port  of  Boston  was. closed,  and  the  landing  and  shipping 
of  goods  were  ordered  to  be  discontinued.  The  custom 
house  and  trade,  and  the  session  of  the  court,  were^emo- 
ved  to-  Salem,  and  the  charter  altered,  taking  the  '^hoM- 


repoalpd'!  What  bill  was  parsed  in  17(>7?  93.  Hn-w-  di4  the  Amer- 
icans evade  the  payment  of  the  duty  on  les."!  What  remarkable 
eve-nl  occurred  in  Deceinber.  177;)^  '  94.  What  acts  of  parliameii!: 

B 


50  HISTORY   OF  THE  COLONIES.  Part  II. 

executive  government  from  the  people,  and  vesting  the 
appointment  of  the  important  officers  in  the  crown.  It 
was  also  enacted,  that  a  person  indicted  for  a  capital 
offence,  committed  in  aiding  the  magistrates,  might  be 
sent  to  Great  Britain  for  trial. 

95.  In  the  same  year.  General  Gage,  the  British  com- 
mander-in-chief, and  governor  of  Massachusetts,  arrived 
in  Boston  to  enforce  the  Bostonians  into  a  compliance 
with  the  oppressive  acts  of  parliament.  In  this  crisis, 
the  other  colonies  made  common  cause  with  Massachu- 
setts. Deputies  from  most  of  the  colonies  met  in  congress 
at  Philadelphia,  September  5,  1774.  Congress  published 
a  declaration  of  rights,  protesting  against  the  right  of 
Great  Britain  to  tax  the  colonies,  or  to  interfere  in  their 
internal  policy  ;  with  a  statement  of  grievances,  declaring 
the  late  acts  of  parliament  to  be  violations  of  the  rights 
of  the  colonists. 

96.  They  next  proceeded  to  interrupt  all  commercial 
intercourse  with  Great  Britain,  pledging  themselves  not 
to  import  or  use  British  goods,  till  the  acts  complained  of 
should  be  repealed.  Addresses,  petitions-and  remonstran- 
ces were  resorted  to,  but  all  to  no  effect.  Instead  of 
changing  its  policy,  the  British  government  imposed 
addHtional  restrictions  upon  the  trade  of  the  colonies. 
Preparations  now  began  to  be  made  for  resistance.  Gun- 
powder was  manufactured,  the  militia  was  trained,  and 
military  stores  were  collected. 

97.  in  April,  177.5,  a  detachment  of  troops  was  sent  to 
destroy  the  military  stores  collected  at  Concord.  At 
Lexington,  the  militia  were  collected  to  oppose  the  incur- 
sion of  the  British  forces.  They  were  fired  upon  by  the 
British  troops,  and  eight  men  were  killed.  After  having 
proceeded  to  Concord,  and  destroyed  a  few  military 
stores,  .the  troops  returned,  and  were  pursued  by  the 
Americans  to  Boston.     Here  v.-as  spilled  the  first  blood 


were  passed  in  l'"/4?  95,  9G.  Vv  hat  measure  was  taken  to  enforce 
a  compliance  with  these  acis?  What  course  was  pursued  by  the 
cohmies  in  this  crisis?  Did  the  British  governnnent  change  its 
policy'?    97.  Wlien  and  where  did  the  first  engagement  take  place? 


Chap.   II.  CAUSES  OF  THE  REVOLUTION.  5l 

in  the  war  which  severed  the  American  colonies  from 
Great  Britain. 

98.  In  May,  177.5,  a  second  congress  met  from  all  the 
states,  and  immediately  determined  to  organize  an  army; 
and  Washington  was  appointed,  June  15,  commander-in- 
chief  of  the  colonial  forces.  Congress  authorized  the 
emission  of  two  millions  of  dollars  in  bills  of  credit,  for 
the  redemption  of  which  the  colonies  were  pledged;  and 
an  appointment  was  made  of  the  quota  to  be  paid  by  each 
colony  of  the  bills  emitted.  A  general  post  office  Avas 
established,  and  rules  were  framed  for  the  government  of 
the  army.  Congress  also  published  a  solemn  declaration 
<if  the  causes  of  taking  up  arms,  an  address  to  the  king, 
entreating  a  change  of  measures,  and  an  address  to  the 
people  of  Great  Britain,  requesting  their  aid,  and  admon- 
ishing them  of  the  threatening  evils  of  a  separation. 

99.  At  the  next  meeting  of  the  same  congress,  rules 
were  adopted  for  the  regulation  of  the  navy ;  a  further 
emission  of  bills  was  authorized ;  and  a  treasury  depart- 
ment was  established.  A  general  system  of  measures 
for  resistance  was  now  adopted  throughout  the  colonies. 
General  Washington  had  been  at  Cambridge  at  the  head 
of  an  army,  whose  term  of  service  expired  with  the  year, 
1775,  without  ammunition,  and  but  imperfectly  supplied 
with  arms. 

100.  By  the  beginning  of  March,  1776,  14,000  regular 
troops  had  been  enlisted,  and  the  British  were  obliged  to 
evacuate  Boston,  March  1 3.  On  the  1 0th  of  June,  a 
committee  was  appointed  by  congress  to  prepare  a  decla- 
ration, "that  these  colonies  are,  and  of  right  ought  to  be, 
free  and  independent  states,"  On  the  11th  of  June,  a 
committee  was  appointed  to  prepare  the  form  of  a  confed- 
fration  between  the  colonies.  On  the  2d  day  of  July, 
congress  adopted  the  resolution  of  independence  ;  and  on 
the  4th  of  July,  they  adopted  the  Declaration  of  Inde- 
pendence. 

08.  When  did  llie  second  congress  meel?  What  measures  did 
congress  adopt  at  this  meeting?  99.  What  was  done  by  this  con- 
gress at  its  next  meeting?  What  was  the  slate  of  the  army  at  the 
close  of  the  year  1775?     100.  Wliat  occurred   in   March   1776? 


52  HISTORY  OF  THE  COLONIES  Part   11. 


CHAPTER  III. 

Sketch  of  the  War — Adoptio7i  of  the  Articles  of  Confed- 
eration— Peace — State  of  the  Country. 

101.  The  American  revolution  may  properly  be  said 
to  have  been  complete  on  the  ai^option  of  the  Declaration 
of  Independence ;  but  it  still  remained  to  be  defended  by 
arms.  The  military  operations  which  closed  the  year, 
were,  the  defeat  of  the  Americans  on  Long  Island,  August 
27;  the  capture  of  New  York  by  the  British  forces  under 
lord  Howe,  September  15;  the  battle  of  White  Plains. 
October  28  ;  and  the  battle  of  Trenton,  December  26,  in 
which  general  Washington  gained  a  victoiy  over  the 
British  army,  capturing  a  large  body  of  Hessians  who 
were  cantoned  at  Trenton  ;  and  soon  after,  January  3. 
1777,  the  battle  of  Trenton,  in  which  he  gained  another 
decisive  victory  over  the  British  troops. 

102.  The  campaign  of  1777  was  more  favorable  than 
that  of  the  preceding  year.  Philadelphia  had  been  taken 
by  the  British,  September  27,  and  the  Americans  had 
been  defeated  on  the  Brandywine,  September  11;  also  at 
<  xermantown,  October  4 ;  but  the  northern  army  were  t(; 
a  considerable  degree  successful.  General  Burgoyne, 
who  commanded  the  British  northern  army,  had  taken 
possession  of  Ticonderoga ;  but,  while  pushing  his  suc- 
cesses southward,  his  progress  was  arrested  at  Saratoga, 
by  the  militia  which  had  a.s-sembled  there  from  various 
parts  of  New  England  for  that  purpose.  These,  with 
the  regular  troops,  formed  a  respectable  army,  and  wen? 
commanded  by  general  Gates.  After  two  severe  actions, 
Burgoyne,  finding  himself  enclosed  with  brave  troops, 
surrendered  to  the   Americans  his  entire  army  of  seven 


What  memorable  event  took  place  in  July  of  this  year!  101.  Wha* 
military  operatioiia  closed  the  year  1776?  102.  What  was  the 
campaign  of  1777.  compared  with  that  of  the  preceding  year'' 
What  noted  achifvment  was   etlected   by    the  northern  army  m 


Chap.   ill.  SKETCH  OF  THE   WAR.  53 

thousand  men,  on  the  17th  of  October.  Th\is  was  cut 
off  the  communication  which  had  been  attempted  to  be 
kept  up  between  New  York  and  Canada. 

103.  When  the  intelligence  of  this  reached  Europe, 
the  French  government  entered  into  treaties  of  amity  and 
commerce  with  the  United  States,  thus  recognizing  their 
existence  as  an  independent  nation.  When  the  British 
ministry  were  informed  that  this  treaty  was  on  foot,  they 
despatched  commissioners  to  America  to  eifect  a  recon- 
ciliation.    But  their  offers  were  not  accepted. 

104.  In  the  spring,  a  French  fleet  arrived,  having  on 
board  about  .5000  French  troops,  which  had  been  sent  to 
assist  America.  In  June,  the  British  army  left  Philadel- 
phia, with  the  intention  of  concentrating  their  forces  at 
New  York.  While  on  their  march,  they  were  attacked 
by  general  Washington  at  Monmouth,  on  the  28th  of 
June,  and  repulsed  with  great  loss. 

105.  Congress  had  hitherto  consisted  of  delegates'from 
thirteen  independent  states,  with  little  more  authority  than 
that  of  advising  the  states  to  adopt  certain  measures. 
Money  could  not  be  raised  without  the  consent  of  the 
states;  which  were  held  together  by  force  of  circum- 
stances, congress  having  no  power  to  enforce  obedience. 
But  during  the  heat  of  the  revolutionary  contest,  men 
were  little  disposed  to  discuss  or  scrutinize  such  subjects; 
and  the  people  confided  in  the  wisdom  of  congress,  and 
yielded  to  their  authority. 

106.  But  in  order  to  give  stability  to  the  union,  and  to 
define  more  precisely  the  nature  of  the  federal  compact, 
and  the  powers  of  congress,  the  articles  of  confederation 
were  agreed  on  by  congress,  November  15,  1777,  and 
submitted  to  the  state  legislatures  for  ratification.  The 
articles  bear  date  July  6,  1778:  they  were  ratified  the 
same  .year  by  all  the  states  except   Delaware  and  Mary- 


October  of  this  year?  103.  What  was  done  by  the  governments 
of  France  and  Great  Britain,  on  hearing  of  this  event?  104.  What 
assistance  did  America  receive  from  France  in  the  spring?  What 
battle  was  fought  in  June?  105.  In  wiiat  respects  was  the  aullior- 
ity  of  congress  found  deficient?  106.  For  wliat  purposes,  and  wkea, 


54  HISTORY  OF  THE  COLONIES  Part  If, 

land;  by  the  former,  in  1779,  and  by  the  latter,  the  first 
of  March,  1781;  being  nearly  five  years  after  the  first 
action  on  the  subject  by  congress.  By  these  articles,  the 
exclusive  control  of  our  foreign  relations,  the  right  tu 
declare  war  and  make  peace,  and  the  right  to  make  requi- 
sitions of  men  and  money,  were  confided  to  congress. 

107.  But  the  confederation  was  in  many  respects  de- 
fective. It  did  not  possess  the  power  to  carry  its  own 
constitutional  measures  into  eflect ;  for  like  all  mere  con- 
federations, the  decrees  of  the  federal  government  operated 
on  the  states  in  their  independent  capacity,  and  not  upon 
individual  citizens.  But  perhaps  the  greatest  defect  was 
the  want  of  power  to  provide  for  defraying  the  expenses 
of  the  government.  Congress  had  power  "  to  ascertain 
the  sums  necessary  to  be  raised  for  the  service  of  the 
United  States  ;"  and  to  apportion  the  quota  to  each  state : 
but  as  the  power  was  reserved  to  the  states  lo  lay  the  taxes, 
and  prescribe  the  time  and  manner  of  payment ;  it  de- 
pended upon  the  good  will  of  each  of  the  legislatures  of 
the  thirteen  independent  states  whether,  any  measure  of 
defence  could  be  carried  into  operation.  And,  when  dan- 
ger from  abroad  Avas  past,  this  confederacy  was  found  to 
be  incompetent  to  govern  the  country. 

108.  In  the  same  year  C4eorgia  was  invaded,  and  Sa- 
vannah, its  capital  was  taken,  by  the  British;  and  in  the 
year  following,  (1779,)  the  south  became  the  principal 
theatre  of  war.  Depredations  to  a  great  extent  were 
committed  on  the  coasts,  and  a  partisan  warfare  was  car- 
ried on  in  the  interior  ;  but  with  no  decisive  results.  In 
1780,  May  12,  Charleston  was  taken  by  the  British;  and 
on  the  19th  of  October,  1781,  the  contest  was  ended  by 
the  surrender  of  Cornwallis,  at  Yorktown,  to  the  com- 
bined American  and  French  forces  under  Washington 
and  Rochambeau. 

were  the  articles  of  confederatioa  adopted?  When  were  they  rat- 
ified? What  powers  did  they  confer  upon  consjressT  107.  In 
wliat  respects  were  they  defective?  108.  When  was  Georgia 
invaded,  and  Savannah  taken?  What  was  the  character  of  the 
war  in  1779?     What  occurred  in  1780,  and  1781?  109.  When  was 


Chap.   III.  STATE  OF  THE  COUNTRY.  55 

109.  In  the  following  year,  a  treaty  was  concluded 
between  Holland  and  the  United  States;  and  after  long 
protracted  negotiations,  a  treaty  of  peace  was  signed  Sep- 
tember '23,  1783,  by  which  Great  Britain  acknowledged 
tlie  indepnidence  of  the  United  States  of  America. 

1 10.  Honorably  as  the  war  resulted  to  the  Americans, 
it  was  attended  with  great  sacrifices.  Without  arms  or 
pecuniary  resources,  congress  was  obliged  to  have  re- 
course to  a  paper  medium.  During  the  first  five  years 
of  the  war,  three  hundred  millions  of  dollars,  in  bills  of 
credit,  had  been  emitted ;  and  no  provisions  were  made 
for  redeeming  them,  the  states  neglecting,  or  but  partially 
complying  with,  the  requisitions  of  congress.  In  1780, 
these  bills  had  depreciated  to  such  a  degree  as  to  cease  to 
circulate ;  the  treasury  was  empty,  the  army  unpaid, 
without  clothing,  and  sometimes  without  food. 

111.  At  this  critical  period,  the  French  government 
made  a  grant  of  six  millions  of  livres  by  way  of  subsidy, 
and  a  further  sum  by  way  of  loan  ;  and  afterwards  a  loan 
of  ten  millions  of  livres  was  obtained  from  Holland. 
The  whole  amount  of  loans  and  grants  made  to  the 
United  States  by  France  and  Holland,  was  forty  three 
millions  of  livres,  or  nearly  ten  millions  of  dollars.  These 
supplies,  with  a  new  organization  of  the  finance  depart- 
ment, and  the  establishment  of  a  national  bank,  at  a  later 
period,  contributed  to  relieve  the  pressure.  When  peace 
took  place,  the  public  debt  amounted  to  $42,000,000,  on 
which  congress  was  unable  to  pay  even  the  interest.  The 
requisitions  and  regulations  of  that  body  were  but  little 
regarded  by  the  states,  and  the  country  was  fast  approach- 
ing a  state  of  anarchy. 

112.  A  change  in  the  government  now  became  neces- 
sary as  the  only  means  likely  to  preserve  the  union  ;  and, 
in  1787,  a  convention  was  held  in  the  city  of  Philadel- 


the  treaty  of  peace  with  Great  Britain  signed?  110.  What  einbar- 
rassineni  did  the  country  endure  during^,  and  for  a  short  time  alter, 
the  war?  111.  How  was  pecuniary  relief  obtained?  112.  What 
occurred  in  1787?     When  did  the  constitution  take  effect. 


56  HISTORY  OF  THE  COLONIES.  Part  Jl. 

phia,  to  form  a  new  and  more  perfect  union  ;  when  the 
present  constitution  was  adopted.  It  was  subsequently 
ratified  by  the  people  of  the  several  stales^  and  wejitijatQ 
effect  in  1789.  "     .       '        "  '"  \  ' 


■%■ 


PART    THIRD. 

OF  THE  GOVERNMENT  OF  THE  UNITED  STATES. 


CHAPTER  r. 

Of  ihc   Nature  and  Objects  of  the    Union. 

113.  As  has  been  before  observed,  the  confederation 
which  was  adopted  by  congress,  in  1777,  was  a  league 
or  treaty  of  alliance  between  sovereign  and  independent 
states.  Although  it  was  declared  to  be  a  firm  league  of 
friendship,  yet  its  binding  force  depended  on  the  good 
faith  of  each  of  the  states,  each  party  being  the  sole  in- 
terpreter of  the  meaning  of  the  contract,  and  the  sole 
judfre  of  hs  obligations;  so  that,  in  case  of  a  violation  of 
the  contract  by  either  of  the  parties,  the  ultimate  remedy 
would  have  been  a  resort  to  the  law  of  force,  which  is 
admitted  by  the  law  of  nations  to  be  the  only  final  arbiter 
betv?een  sovereign  states.  The  people  were  not  citizens 
of  the  United  States,  but  of  their  respective  states ;  and 
they  owed  obedience  to  their  respective  state  governments 
onh^ 

114.  Under  the  confederation,  the  union  was  merely  - 
federal,  not  a  national,  union;  and  the  government  was 
familiarly  denominated,  the  federal   government.     The 


lis.  What  was  the  nature  of  the  confederaiion?     114.  What 
was  the  character  of  the  government ?     What  is  the  raeaning  ot 


58  OOTERNMENT  OF  THE   U.   STATES.       Part  III. 

word  federal  is  derived  from  the  Latin  word  fcedus,  sig-- 
nifying  a  league  or  covenant.  This  government  was 
destitute  of  executive  and  judicial  powers,  which  are  no 
less  neces.sary  in  giving  to  a  government  a  national  char- 
acter, than  in  forming  an  efficient  government.  It  con- 
sisted only  of  a  legislative  power,  the  power  of  enacting 
laws ;  it  wanted  an  executive  power  to  execute  the  laws, 
and  a  judicial  power  lo  judge  of,  to  expound,  and  to  apply 
them. 

115.  Congress  had  no  power  of  raising  a  revenue  or 
of  coUectmg  taxes.  Congress  had  the  power  of  making 
treaties,  but  not  the  power  of  fulfilling  them — that  rested 
with  the  several  states.  Congress  had  the  power  of  de- 
claring war,  but  had  not  the  means  of  maintaining  a  war. 
It  had  the  power  merely  to  ascertain  the  sum  required 
for  the  public  service,  and  to  apportion  it  according  to  a 
prescribed  rule  among  the  several  states,  with  a  request 
that  they  should  raise,  and  pay  over  to  the  general  treas- 
ury, the  amount  of  their  respective  quotas ;  but  as  an 
independent  sovereign,  each  might  choose  or  refuse,  and 
sometiiues  did  refuse,  to  comply  with  the  requisuion. 
Congress  was  authorized  to  borrow  money,  and  to  emit 
bills  of  credit,  but  had  not  the  command  of  funds  to  pay 
the  one,  or  to  redeem  the  other.  Nothing  but  the  pres- 
sure of  war,  and  the  patriotic  zeal  of  the  citizens  in  a 
common  cause,  in  which  so  much  was  at  stake,  could 
keep  the  country  united. 

116.  When  peace  was  restored,  the  imperfections  of 
this  system  of  government  were  fully  developed.  It  was 
these  imperfections,  and  the  evils  resulting  from  them, 
that  led  to  the  formation  and  adoption  of  a  new  and  more 
effective  system  of  national  government,  the  nature  and 
powers  of  which  are  briefly  expressed  in  the  preamble  : 

"  We,  the  people  of  these  United  States" — words  con- 
veying the  idea  of  nationality — "  in  order  to  form  a  more 
perfect  uniou'^ — intimating  the  former  to  have  been  but  a 


federal?     11.5.  Of  wliat  necessary  powers  was  congress  destitute? 
1 16.  What  are  ihe  nature  and  objects  of  the  union,  under  the 


Chap.  I.  NATURE  OF  THE  UNION.  f59 

partial  and  imperfect  union — "to  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defence, 
])roniote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity" — objects  to  which 
the  confederation  had  proved  incompetent—"  do  ordain 
and  establish  this  constitution  for  the  United  States  of 
America." 

117.  But,  aUhoiigh  there  can  be  little  difference  of 
opinion  as  to  the  objects  of  the  constitution,  the  nature  of 
this  instrument  is  very  differently  interpreted  by  different 
individuals.  It  has  been  held  to  be,  ( 1.)  a  contract  between 
sovereign  and  independent  states,  to  establish  and  maintain 
a  government  for  the  common  good  of  the  states ;  (2  )  a 
contract  between  each  state  and  all  the  other  states,  for  the 
same  purpose ;  each  state  reserving  to  itself  the  right  of 
judging  of  the  meaning  of  the  contract,  and  whether  it 
has  been  kept  or  broken;  (3.)  a  contract  between  each 
citizen  and  all  other  citizens  of  the  United  States,  to 
establish  and  maintain  a  government  for  the  good  of  the 
whole,  with  limited  and  detined  powers;  providing  that  all 
povvers  not  expressly  given,  nor  necessarily  flov/ing  from 
those  which  are  so  given,  are  reserved  to  the  states  or  to 
the  people;  and  that  the  authority  of  interpreting  the 
meaning  of  the  contract,  or  of  expounding  the  powers  of 
the  government,  instead  of  belonging  to  the  states,  resides 
in  the  government  itself 

118.  Without  presuming  to  decide  which  of  these 
opinions  is  correct,  it  may  be  proper  to  state,  that,  in  this 
latter  sense,  the  constitution  is  understood  by  the  supreme 
court  of  the  United  States,  which,  in  the  last  resort,  is  to 
expound  the  constitution,  and  the  laws  made  Under  its 
authority.  It  is  argued  in  favor  of  this  opinion,  that  in 
adopting  the  constitution,  the  people  of  the  several  states, 
by  their  repres3ntatives  in  the  state  conventions,  acted 
separately  for  themselves,  not  in  the  character  of  that 
sovereignty  which  they  had  entrusted  to  their  respective 
state  governments.     And  as  the  constitution   was  ratified 


present  constitution?     117.  What  different  opinions  prevail  as  to 
the  nature  of  the  union?     US.  What  authority  aiid  what  reason* 


60  UOVKRNMENT  OF  THE  II.   STATES.        Part   111. 

})y  the  people  of  each  state,  in  concurrence  v.ith  the  peo- 
ple of  all  the  states,  it  thus  become  a  mutn.al  compact 
between  all,  binding  upon  all,  and  upon  their  respective 
•State  governments. 

119.  A  similar  view  of  this  subject  was  taken  by  the 
president  of  the  United  States,  in  his  proclamation  of 
December,  1832,  occasioned  by  the  hostile  attitude  assam- 
v.d  by  the  state  of  South  Carolina  against  the  general 
government;  that  state  having  threatened  to  resist  the 
execution  of  a  law  of  congress  which  she  declared  to  be 
unconstitutional,  and  claimed  for  herself,  as  an  indepen- 
dent state,  the  right  to  judge  of  the  constitutionality  of  the 
law,  as  well  as  the  right  to  secede  from  the  union.  These 
rights,  it  was  asserted,  had  been  reserved  to  the  states, 
and  had  never  been  surrendered  to  the  general  govern- 
ment. The  opinions  expressed  in  the  proclamation 
referred  to,  were,  at  that  time,  approved  by  a  large  ma- 
jority of  the  people  of  the  union.  A  few  short  extracts 
from  that  document  are  here  given; 

"  The  people  of  the  United  States  formed  the  constitu- 
tion, acting  through  the  state  legislatures  in  making  the 
compact,  to  meet  and  discuss  its  provisions,  and  acting  in 
separate  conventions  when  they  ratified  those  provisions; 
but  the  terms  used  in  its  construction,  show  it  to  be  a 
government  in  which  the  people  of  all  the  states  collec- 
tively are  represented.  We  are  ojie  people  in  the  choice 
of  the  president  and  vice  president.  Here  the  states  have 
no  other  aq-cncy  than  to  direct  the  mode  in  which  the 
votes  shall  be  given.  The  people,  then,  and  not  the  states, 
are  represented  in  the  executive  branch. 

"  The  constitution  of  the  United  States,  then,  forms  a 
ffovernmc7it,  not  a  league;  and,  whether  it  be  formed  by 
compact  between  the  states,  or  in  any  other  manner,  its 
character  is  the  same.  It  is  a  government  in  which  all 
the  people  are  represented,  which  operates  directly  on  the 
people  individually,  not  upon  the  states  :  they  retained  all 


are  given  in  support  of  this  last  opinion?  119.  What  fin-lher  au- 
ihoiily  is  here  tiled,  in  corrohoration  of  this  opinion?  What  are 
some  of  the  reasons  given  in  favor  of  it?     120.  What  spirit  must 


Chap.  1  Naturk  of  the  union.  61 

tlie  power  they  did  not  grant.  But  each  state  havino- 
express!)^  parted  with  so  many  powers  as  to  constitute, 
jointly  with  tlie  other  states,  a  single  nation,  cannot  from 
that  period  possess  any  right  to  secede,  because  such 
secession  does  not  break  a  league,  but  destroys  the  unity 
of  a  nation." 

120.  The  most  able  men  have  diftered  widely  on  this 
sul)ject ;  and  tliis  diversity  of  opinion  will  probably  con- 
tinue to  exist.  These  different  views  of  the  national 
compact  are  therefore  given  to  lead  the  mind  to  inquire 
into  the  nature  of  the  union,  rather  than  to  excite  a  spirit 
of  controversy,  which  should  always  be  discouraged. 
The  people  of  the  United  States  are  indebted  for  the 
blessings  enjoyed  under  their  admirable  system  of  gov- 
ernment, to  that  spirit  of  compromise  and  mutual  conces- 
sion, which  prevailed  so  universally  among  the  members 
of  the  body  that  framed  ihe  constitution.  It  is  indeed 
remarkable,  that  an  assembly  of  men  from  so  wide  a  ter- 
ritory, entertaining  views,  and  representing  interests,  so 
varied  and  opposite,  should  have  agreed  on  a  form  of 
government  which  should  receive  the  assent  of  so  large 
a  majority  of  the  people.  And  it  is  more  remarkable 
still,  that  any  system,  adopted  under  these  circumstances, 
should  have  been  found,  on  an  experiment  of  almost  half 
a  century,  so  fully  competent  to  all  the  purposes  for  which 
it  was  intended.  May  the  same  spirit  of  forbearance  and 
good  will  which  governed  those  who  framed  and  adopted 
our  invaluable  consthution,  be  cherished  by  their  descend- 
ant:5 ' 


have  prerailod  aman^  the  IVfim'jrs  of  itie  constitution?     Has  tli*; 
cuii-itiiujou  thus  iar  answered  its  ihleiided  purpose'!     121,  In  wlial 


62  GOVERNMENT  OF  THE   U.   STATES.       Part  111. 

CHAPTER  II. 

Of  the   Lfigislative  Poiccr. — House  of  Representatives. 

121.  All  legislative  powers  granted  in  the  constitution, 
are  vested  in  a  congress  of  the  United  States,  which 
consists  of  a  senate  and  house  of  representatives.  The 
propriety  of  dividing  the  legislature  into  two  co-ordinate 
branches,  is  obvious.  It  was  intended,  by  this  division, 
to  guard  against  the  evil  consequences  of  hasty  action  by 
a  single  legislative  body.  The  proceedings  of  some  of 
the  state  legislatures,  consisting  of  a  single  house,  as  well 
as  the  proceedings  of  congress  under  the  confederation, 
had  furnished  examples  of  the  ill  effects  of  precipitate 
legislation.  A  hasty  decision  is  not  likely  to  be  made, 
when  a  measure  is  liable  to  be  arrested  in  its  progress, 
and  to  be  subjected  to  the  critical  revision  of  another 
body,  in  which  it  must  pass  through  the  same  forms  of 
deliberation  before  it  become  a  law. 

122.  But  there  was  another  reason  for  this  division  of 
the  national  legislature.  In  the  new  constitution  were 
combined  the  national  and  federative  principles.  It  was 
proper  that,  when  a  people  are  incorporated  into  one 
nation,  every  district  or  territorial  subdivision  should 
have  a  proportinnal  share  in  the  goA'ernment;  and  it  was 
equally  proper  that  each  of  the  several  members  of  the 
confederacy  should  have,  in  some  respect,  an  equal  voice 
in  the  public  councils. 

123.  The  house  of  representatives  is  composed  of 
members  chosen  every  second  year,  by  the  people  of  the 
.several  states.  By  limiting  the  term  of  office  of  a  repre- 
sentative to  two  years,  it  was  intended  to  secure  a  faithful 
and  just  representation  of  the  interests  of  the  people  in 
the  national  coimcils.     For,  should  a  representative  prove 


are  the  legislative,  or  law  maVina:,  powers  of  the  government  ves- 
ted! For  what  purpose  is  the  legislature  divided?  122.  What 
other  reason  i-^  given  for  this  division?  123.  liow  is  the  house  ot 
represen;aiives  constituted?     Why  is  the  term  of  office  of  irieju- 


Chap.   II,  HOUSE  OF  REPRESENTATIVES.  63 

to  be  incompetent,  or  unfaithful  to  his  trust,  he  may  at 
the  end  of  two  years  be  removed,  and  his  place  filled  by 
another.  Besides,  the  hope  of  a  re-election,  should  his 
conduct  meet  the  approbation  of  his  constituents,  and  the 
fear  of  being  displaced,  should  he  forfeit  their  confidence, 
have  a  tendency  to  ensure  a  faithful  performance  of  his 
duties.  But  if  the  elections  were  still  more  frequent,  and 
the  term  of  a  representative  were  limited  to  a  single  year, 
his  increased  dependence  on  the  popular  favor,  would 
probably  diminish  his  regard  for  the  general  good. 

124.  Any  person  qualified  to  vote  for  a  representative 
in  the  lowest  or  most  numerous  branch  of  the  legislature 
of  the  state  in  which  he  resides,  is  entitled  to  vote  for  a 
representative  in  congress.  But  the  qualifications  of  the 
electors,  being  established  by  the  constitutions  of  the  sev- 
eral states,  are  not  uniform.  In  some  states,  the  posses- 
sion of  a  certain  amount  and  description  of  property,  is 
made  a  qualification.  Colored  persons  are  not  allowed 
to  vote  in  any  state,  excepting  a  few,  in  which  the  prop- 
erty qualification  is  required.  In  a  majority  of  the  states, 
however,  all  free  white  citizens,  of  the  age  of  twenty-one 
years  or  upwards,  having  resided  for  a  certain  period  of 
time  in  the  .state,  and  paid  taxes  thereto,  are  entitled  to 
vote  for  representatives  in  the  most  numerous  branch  of 
the  state  legislature. 

12.5.  No  person  may  be  a  representative  tmless  he  has 
attained  to  the  age  of  twenty  five  years,  and  been  seren 
years  a  citizen  of  the  United  States  ;  nor  unless  he  be  an 
inhabitant  of  the  state  in  which  he  is  chosen.  This  pro- 
vision, as  to  age  and  term  of  citizenship,  is  intended  to 
prevent  the  election  of  men  who  have  not  had  time  to 
acquire  that  knowledge  and  experience,  which  are  essen- 
tial to  constitute  a  useful  and  efficient  representative  ;  and, 
unless  he  be  an  inhabitant  of  the  state  in  which  he  is 
chosen,  he  cannot  be  presumed  to  understand  the  interests 
he  is  to  represent. 

bers  limited  to  two  years?     124.   What  qualifications  entitle  an 
elector  to  vote  for  reprcseniativest     125.  What  qualifications  m«si 


64  GOVERNMENT  OF  THE   U.   STATES.       Part    11  f 

126.  Representatives  and  direct  taxes  are  apportioned 
among  the  several  states,  according  to  their  respective 
numbers,  which  are  determined  by  adding  to  the  whole 
number  of  free  persons,  (including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,) 
three  fifths  of  all  other  persons.  By  this  mode  of  ap- 
portionment, the  free  citizens  of  the  slave-holding  states 
have  a  greater  number  of  representatives  than  an  equal 
number  of  white  persons  in  the  other  states.  For  instance, 
suppose  a  state  to  contain  500,000  free  persons,  and  300,- 
000  slaves:  the  addition  of  three  fifths,  (180,000,)  of 
the  number  of  slaves,  to  the  number  of  free  persons, 
makes  080,000 ;  according  to  which  number  representa- 
tives are  apportioned.  But  as  representation  and  taxation 
go  together,  it  was  thought  the  free  states  had  no  just 
cause  to  complain  of  unequal  representation,  as  the  slave 
states  would  be  liable  to  greater  direct  taxes,  in  proportion 
to  their  free  population,  than  the  free  states.  Direct  na- 
tional taxes,  however,  have  seldom  been  laid,  and  proba- 
bly they  will  not  again  be  resorted  to. 

127.  The  enumeration  nf  the  people  is  made  every  ten 
years,  in  such  manner  as  the  state  legislatures  direct. 
Representatives  are  at  present  apportioned  according  to 
the  census  oi  1830.  Cevsm,  among  the  Romans,  was 
used  to  signify  the  valuation  of  a  man's  estate,  and  the 
registering  of  himself,  his  age,  his  family  and  his  ser^^ants. 
As  used  in  the  United  States,  it  usually  means  only  the 
enumeration  of  the  people. 

128.  The  number  of  representatives  may  not  exceed 
one  for  every  30,000  inhabitants.  A  very  numerous 
legislative  body  cannot  act  with  the  same  degree  ol  con- 
venience and  despatch  as  a  smaller  assembly.  Hence 
the  propriety  of  this  constitutional  provision.  To  prevent 
the  house  of  representatives  from  becoming  too  large, 
congress  has  found  it  necessary,  from  time  to  time,  as  the 
population  of  the  states  increased,  to   lessen  the  ratio  nf 


a  representative  possess?  12C.  How  are  repre.seni at ives  and  direct 
taxes  appertioned  amon^  the  .states?  127.  How,  and  how  often 
are  the  people  numbered?     What  is  the  meaning  of  census?     128. 


Chap.   II.  HODSE  OF   RBPRESENTATIVEa.  65 

representation.  The  present  ratio  is  only  one  represent- 
'ilive  for  every  47,000  inhabitants,  according'  to  '.he  cen- 
sus of  i8o0.  The  number  of  representatives  is  240. 
These  are  apportioned  among  the  several  states  as  follows; 
M'iine  8;  New  Hampshire  5;  Vermont  5;  Massachu.setts 
12;  Rliode  Island  2;  Connecticut  6;  New  York  40; 
New  Jersey  6;  Pennsylvania  28:  Delaware  I;  Maryland 
8;  Virginia  21;  North  Carolina  13;  South  Carolina  9, 
Georg-ia9;  Alabama  5;  Mississippi  2;  Louisiana  3 ; 
Tennessee  13;  Kentucky  13:  Ohio  19;  Indiana  7; 
Illinois  3 ;  Missouri  2.  The  constitution  provides  that 
each  state  shall  have  at  least  one  representative ;  and,  by 
an  act  of  congress,  every  territory  belonging  to  the  Uni- 
ted States,  in  which  a  government  is  established,  has  the 
right  of  sending  a  delegate  to  congress.  Such  delegate 
is  entitled  to  a  seat,  with  the  right  of  debating,  but  not  of 
voting. 

129.  The  distribution  and  location  of  the  representa- 
tives of  a  state,  are  determined  by  a  law^  of  the  state 
legislature.  Each  state  is  divided  into  a  number  of 
districts  equal  to  the  number  of  its  representatives  ;  each 
district  comprising,  as  nearly  as  may  be,  the  number  of 
inhabitants  entitled  to  a  representative.  Sometimes,  how- 
ever, a  district  is  made  to  embrace  a  population  entitled 
to  two  or  more  representatives.  A  state  may  order  the 
v/hole  number  of  its  representatives  to  be  voted  for  on 
one  ticket,  throughout  the  state.  This  is  the  practice  in 
a  lew  of  the  states. 

130.  As  vacancies  sometimes  happen  in  the  represent- 
ation from  a  state,  by  the  death,  resignation,  or  removal, 
of  some  of  its  representatives,  it  is  provided  by  the  consti- 
tution, that  the  executive  authority  of  a  state,  in  the  repre- 
ssntation  of  which  a  vacancy  shall  happen,  shall  issue  a 
writ  of  election,  ordering  the  vacancy  to  be  lilled. 


How  IS  the  nuraber  of  representatives  limited?  Why?  Whatis  the 
present  ratio?  What  the  present  numbev  of  represematives?  How- 
are  they  apporlionec^  arnons  the  several  .stales?  129.  How  are  the 
representatives  of  each  stale  distributed  and  located?  130.  How 
ar^  vacaacies  that  happen  ia  the  hous-;  filled?      131.  Uov^  are  Uia 

E 


66  GOVERNMENT  OF  TUE  t?.   STATES.       Part  III 

131.  The  house  of  representatives  shall  choose  their 
speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment.  Impeackment  is  a  charge  or  accusation 
preferred  against  a  public  officer  for  misconduct  and  mal- 
administration. The  house  has  only  the  power  to  im- 
peach, or  to  make  the  accusation  ;  the  power  to  try 
impeachments  belongs  to  the  senate. 


CHAPTER  III 

Of  the  Senate  of  the  United  States. 

132.  The  senate  of  the  United  States  is  composed  of 
two  senators  from  each  state,  chosen  by  the  legislaturo 
thereof  Our  government,  as  has  been  remarked,  partakes 
of  the  national  and  federative  character,  combining  the 
principles  of  proportional  and  eoval  representation.  The 
house  of  representatives  is  constituted  upon  the  former 
principle,  the  number  of  its  members  from  f-ach  state 
being  in  proportion  to  its  population  ;  while  in  the  senate 
each  state  is  cqxiaily  represented.  Besides  the  reasons 
stated  in  a  preceding  chapter,  for  instituting  a  senate,  it  is 
said  to  be  the  result  of  a  compromise  between  the  large 
and  the  small  states  :  the  latter  consenting  to  be  represen- 
ted in  one  branch  of  the  legislature,  in  proportion  to  the 
number  of  inhabitants  in  each,  on  condition  of  being 
allowed  an  equal  representation  in  the  other  branch. 

133.  The  usual  mode  of  choosing  senators  Is  hy  joint 
vote:  that  is,  the  members  of  both  branches  of  the  state 
legislature  meet  together,  and  vote  numerically.  Ano- 
ther mode  is  by  a  concurrent  vote,  each  house  voting 
separately,  and  a  concurrence  in  its  choice  being  required 


officers  of  the  house  chosen?  Of  what  has  it  the  sole  power?  What 
is  an  vmpeachmeni? 

139    How  is  the  senate  composed?     What  pnnciplei-are  com- 
bined in  our  g-ovarnraeQl?     133.   What  arc  the  diiferent  modes  of 


Clhap.   III.  OS'  THE  SENATE.  C7 

by  the  other  house.  But  the  latter  mode  is  not  common. 
In  cases  of  disagreement  between  the  two  houses,  the 
election  of  senators  by  a  concurrent  vote  is  often  attended 
■with  great  difficulty ;  for  so  long  as  each  house  adheres 
"to  its  decision,  no  election  can  be  effected.  As  the  con- 
stitution does  not  prescribe  the  manner  in  which  the  ap- 
pointment shall  be  made,  there  is  much  uncertainty  as  to 
its  true  construction  in  this  particular. 

134.  Senators  are  elected  for  six  years.  Political  fnc' 
tions  and  popular  excitements  will  arise  in  every  commu- 
nity ;  and  their  tendency  is  to  produce  fluctuation  and 
instability  in  the  public  councils.  Sudden  changes  in 
public  feeling,  are  usually  followed  by  corresponding 
changes  in  legislative  bodies  of  short  duracion.  As  much 
of  the  party  feeling  that  prevails  among  the  electors,  is 
often  carried  by  the  representative  into  the  legislative 
hall,  frequent  alterations  of  the  laws  are  to  be  expected  ; 
and  these  changes  are  sometimes  attended  with  great 
mischiefs  to  the  community.  It  was  deemed  requisite, 
therefore,  that  a  body  resting  on  a  more  durable  basis, 
should  be  placed  as  a  check  upon  the  more  popular 
branch  of  the  legislature.  A  longer  term  of  office  was 
required,  as  the  means  most  likely  to  give  independence 
&nd  stability  to  the  senate. 

135.  The  senate  is  divided  into  three  classes,  so  that 
the  term  of  one  third  of  the  members  expires  every  sec- 
ond year.  This  division  and  classification  of  the  senate, 
by  which  the  seats  of  one  third  only  of  its  members  are 
vacated  every  year,  are  calculated  to  secure  stability  to 
the  administration  of  the  government,  and  to  retain  a 
large  portion  of  experienced  members,  acquainted  with 
the  general  principles  of  national  policy,  and  the  forms 
and  course  of  business. 

136.  If  vacancies  happen,  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  state,  the  ex- 
ecutive thereof  may  make  temporary  appointments,  until 


chuasiag  senators'?  134.  For  wliat  term  are  they  elected?  Why 
is  so  long  a  term  deemed  requisite?  135.  How  is  the  senate  divi- 
dwd  amd  classifit^d?     For  what  purpijse?     136.  How  are  vaeaiicieb 


68  GOVEKNKENT  OF  THE  O.   STATES.         Part  III 

the  next  meeting  of  the  legislature,  which  shall  then  fill 
such  vacancies. 

137.  The  executive  of  a  state  may  fill  a  vacancy  that 
happens  during  the  recess  of  the  legislature  of  such  state ; 
but  he  cannot  make  the  appointment  constitutionally  until 
the  vacancy  shall  have  actually  occurred.  So  it  was 
decided  by  the  senate,  in  1825.  Mr.  Lanman  was  a 
senator  of  the  United  States  from  the  state  of  Connecti- 
cut. His  term  of  service  expired  on  the  third  of  March. 
The  governor  of  that  state,  having  been  previously  noti- 
fied by  the  president  of  the  United  States,  that  the  senato 
would  be  convened  on  the  fourth  of  March,  accordingly 
made  the  appointment  in  February,  the  legislature  not 
being  in  session.  Upon  these  facts,  the  question  was 
raised  as  to  the  constitutionality  of  the  appointment,  an<l 
the  senate  decided,  23  to  18,  that,  as  the  ap})ointnient  had 
lieen  madebf'fore  the  vacancy  had  occurred,  Mr.  Lanman 
was  not  entitled  to  a  seat. 

138.  No  person  may  be  a  senator,,unIcss  be  has  attain- 
ed to  the  age  of  thirty  years,  and  been  nine  years  a  citizen 
of  the  United  States,  nor  unless  he  be  an  inhabitant  of  the 
state  for  which  he  shall  be  chosen.  The  superior  weight 
and  delicacy  of  the  trusts  confided  to  the  ^:enale,  seemed 
to  require  greater  age,  and  longer  citizenship,  as  qualifi- 
c;itions  for  a  senator,  than  for  a  representative.  Men 
elected  to  so  responsible  an  office,  should  be  of  sufficient 
age  to  have  acquired  a  thorough  knowledge  of  the  affairs 
of  the  nation;  and  a  period  of  citizenship  is  required 
sufficient  to  form  an  attachment  to  the  principles  of  our 
government. 

139.  The  presiding  officer  of  the  senate.,  is  the  vice 
president  of  the  United  States.  In  his  absence,  or  when 
he  exercises  the  office  of  president  of  the  United  States, 
the  senate  chooses,  from  its  own  body,  a  president  pro 
tempore.     Pro  tempore  is  a  Latin  phrase.  Signifying,  for 


in  the  «enatc  filled?  137.  Can  an  appoin'ment  hy  a  sta'e  execu- 
tive be  mada  (nfore  the  vacmcy  arUiaily  occirs?  J3H.  What  are 
the  qualificaiicms  required  lor  a  senator?  Why  are  Ibesc  quali  fi- 
jiiUoKs  deemed  necessary?  139.  Who  presides  in  ito  senate?  W  ho 


Chap.   [II.  OF  THE  SENATE.  69 

the  time.  It  here  means,  for  the  time  that  the  vice  pres- 
ident sliall  be  absent  from  the  senate.  It  is  the  duty 
of  the  president  of  the  senate,  and  of  the  speaker  of 
the  house  of  representatives,  to  preside  over,  and 
to  conduct,  the  proceedings  and  deliberations  of  their 
respective  houses.  All  questions  on  which  a  vote  is  to 
be  taken,  are  put  to  the  house  bj-  the  presiding  officer  ; 
and  he  also  decides  all  questions  of  order  that  may  arise 
in  the  house  over  which  he  presides. 

140.  The  other  officers  are  the  same  in  both  houses. 
They  are  the  following:  1st,  a  chaplain,  who  performs 
divine  service.  The  principal  business  of  a  chaplain  in 
a  legislative  body  in  this  country  is,  to  offer  prayers  before 
the  business  of  the  day  is  commenced.  The  salary  of  a 
chaplain  to  congress  is  $500  a  year.  2d,  the  secretary  of 
the  senate,  and  clerk  of  the  house  of  represe/itatives ;  each 
of  whom  is  required  to  take  an  oath  or  aillrmation  to  sup- 
port the  constitution  of  the  United  States,  and  another 
faithfully  to  discharge  the  duties  of  his  office  to  tlie  best 
of  his  knowledge  and  ability.  They  are  required  to  give 
bonds,  in  the  penal  sum  of  $20,000,  for  the  faithful  ap- 
plication of  all  the  funds  of  their  respective  houses  that 
shall  come  into  their  hands ;  which  must  be  deposited  in 
one  of  the  banks  in  the  District  of  Columbia,  and  may 
be  paid  out  only  by  a  draft  on  the  bank  in  which  the 
money  is  deposited.  It  is  also  their  duty  to  furnish  their 
respective  houses  with  the  necessary  stationary;  which 
is  done  by  advertising,  after  the  adjournment  of  each 
congress,  in  two  newspapers  printed  in  the  District  of 
Columbia,  for  proposals  for  supplying  the  succeeding 
congress  with  slationary.  The  proj-isal  of  the  lowest 
bidder  is  accepted,  who  is  required  to.  ive  security  for  the 
fulfilment  of  his  contract.  And  the  -aid  secretary  and 
clerk  are  required  to  lay  before  the  two  houses,  at  the 
commencement  of  each  .session,  a  dc^tailed  statement  of 
the  items  of  the  expenditure,  and  manner  in  which  the 


in  his  absence?  What  does  pro  tempore  signify?  What  are  the 
dutie-i  of  a  presiding  officer?  140.  What  are  the  other  officers  of 
the  respcciive  hoiises?     Wiiat  are  the  duties  of  each?     Their  salu- 


70  GOVERNMENT  OF  THE  V.  STATEit.  Part  III 

funds  of  the  respective  houses  have  been  applied.  They 
receive  for  their  compensation  $3000  a  year,  each  ;  their 
principal  clerks,  $1500  each.  3d,  a  sergeant-at-arms, 
who  executes  the  commands  of  the  presiding  officer  of 
the  house.  He  arrests  offenders,  and"  performs  such  other 
duties  as  usually  devolve  upon  a  sheriff  or  constable 
attending  as  a  peace  officer  at  the  session  of  a  civil  court. 
4th,  a  doorkeeper,  whose  salary,  and  that  of  sergeant-at- 
arms,  are  $1500  a  year,  each.  5th,  an  assistant  door- 
keeper, whose  salary  is  $1450  a  year. 

141.  The  senate  possesses  the  sole  power  to  try  impeach- 
ments :  when  sitting  for  that  purpose,  its  members  must 
be  on  oath  or  allBrmation.  A  provision  in  the  constitution 
for  trial  by  impeachment,  was  rendered  necessary  for  the 
punishment  of  offences  that  could  not  be  tried  before 
ordinary  courts.  These  offences  are  such  as  are  commit- 
ted by  persons  in  public  offices,  and  consist  in  misconduct 
and  mal-administration.  Should  a  magistrate  receive 
money  for  giving  an  erroneous  decision,  he  would  be 
liable  to  impeachment.  So  also  the  president,  or  other 
public  officer,  would,  for  mal-conduct,  be  subject  to  im- 
peachment. It  has  been  decided  that  a  member  of  con- 
gress is  not  a  civil  officer  within  the  meaning  of  the 
constitution,  and  therefore  Tiot  liable  to  impeachment. 

142.  The  first  proceeding  in  a  trial  of  this  kind,  is  a 
complaint  to  the  house  of  representatives.  A  committee 
is  then  appointed  to  investigate  the  matter;  and  if  the 
charge  be  well  founded,  a  written  accusation  is  prepared 
and  presented  to  the  senate,  with  a  request  to  proceed  to 
trial.  The  house  chooses  a  number  of  its  members  to 
conduct  the  trial  on  the  part  of  the  house.  The  presi- 
dent of  the  senate  presides  when  present,  except  when 
the  president  is  tried :  in  such  case,  the  chief  justice  pre- 
sides. The  same  rules  are  observed  in  courts  of  im- 
peachment, as  in  courts  of  common  law. 

143.  As  the  power  of  originating  the  inquiry,  of  draw- 
ing up  and  presenting  articles  of  impeachment,  and  of 


ries?     141.  Of  what  has  the  senate  sole  power?     Why  is  (his  kind 
of  trial  necessary?     142.  Give  the  proceedings  in  a  trial  of  this 


Chap    IV.  OP   THE  SENATK  AND  HOUSE.  71 

i'onducting  the  prosecution,  is  more  properly  given  to  the 
members  of  the  house,  because  they  immediately  repre- 
sent the  people ;  so  the  members  of  the  senate  are  m.ore 
fit  to  sit  a§  judges  on  a  trial  of  impeachment,  because  they 
are  further  removed  from  the  people,  and  are  presumed 
10  be  more  free  from  party  influence. 

1 44.  No  person  can  be  convicted  on  a  trial  by  impeach- 
ment, without  the  concurrence  of  two  thirds  of  the  sena- 
tors present:  and  judgment  can  extend  no  further  than 
to  removal  from  oflice,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit,  under  the  United 
States;  but  the  party  convicted  may,  nevertheless,  be 
indicted,  tried  and  punished,  in  a  justice'  court. 


CHAPTER    IV 

Of  the,  Senate  and  House  of  Representatives. 

145.  The  tim?s,  places  and  manner  of  holding  elec- 
tions for  senators  and  representatives,  are  prescribed  in 
radi  state  by  the  legislature  thereof;  but  congress  may, 
at  any  lime,  by  law,  make  or  alter  such  regulations,  ex- 
cept as  to  the  places  ot  choosing  senators. 

146.  Congress  is  required,  by  the  constitution,  to 
assemble  at  least  once  in  every  year,  on  the  first  Monday 
in  December,  unless  it  shall,  by  law,  appoint  a  ditierent 
day.  Congress,  in  pursuance  of  the  power  here  given, 
has  provided,  that  when,  from  the  prevalence  of  conta- 
gious sickness,  or  from  other  circumstances,  it  would  be 
dangerous  to  the  health  of  the  members  to   meet  at  the 


kind?  143.  For  what  reason.s  are  the  power  to  impeach,  and  the 
power  to  try  impeachments,  divided  between  tyie  two  housest 
144.  What  is  necessary  to  conviction?  How  far  does  judgment 
extend? 

145.  How  are  the  time,  place  and  manner  of  holding  elections 
for  members  of  congress  prescribed]    146.  When,  and  how  ofterj, 


72  GOVERNMENT  OF  THE  V.  STATES  part  III 

place  to  which  congress  shall  star.d  adjourned,  the  prosi- 
(lent  of  the.  United  States  irniy,  by  proclamation,  convene 
Gongross  at  such  other  place  as  he  may  judjre  proper. 

147.  Each  hop.se  is  made  the  judge  of  the  elections, 
returns  and  qualifications,  of  its  own  members.  By  the 
power  granted  to  each  house  of  congress  to  judge  of 
the  elections,  returns  and  qualifications  of  its  members, 
it  was  intended  to  preserve  a  pure  representation.  It  often 
happens  that,  in  consequence  of  some  alleged  iriegularity 
or  unfairness  in  the  election  or  return  of  a  member,  bis 
seat  is  claimed  by  the  opposing  candilate.  In  such  case, 
the  house  insdtutes  an  investigation,  and  decides  which 
of  the  candidates  is  entitled  to  the  seat. 

148.  A  m:ijority  of  each  house  shall  constitute  a  quo- 
rum to  do  business  :  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties,  as  each  house  may  provide.  Qiwrum 
means  such  a  number  of  any  officers  as  is  sufficient  to 
transact  business.  Thus  the  senate  consists  of  48  mem- 
bers, 25  of  whom,  a  quorum,  may  act. 

149.  Each  house  may  punish  its  members  for  disor- 
derly behavior,  and,  with  the  concurrence  of  two  thirds, 
may  expel  a  member.  A  member  may  be  expelled  for  a 
high  misdemeanor,  though  comm.itted  elsewhere  than  ia 
the  presence  of  the  house  to  which  he  belongs.  In  de- 
termining on  expulsion,  it  is  not  necessary  to  adhere  to 
those  forms  and  rules  of  evidence  which  are  observed  in 
courts  of  law.  From  the  power  to  punish  its  members 
for  disorderly  behavior,  congress  has  inferred  and  exer- 
cised the  power  of  punishing  for  contempt  other  persons 
than  its  own  members. 

150.  Each  house  is   required  to  keep  a  journal  of  its 
proceedings,  and,  from  time  to  time,  to  publish  the  same, 


must  congress  assembled  147.  For  v/hat  purpose  is  congress  an- 
thorized  to  judge  of  the  eleciions,  &c.  of  ilsinerabcrs?  148.  What 
conHti;u'.c^;  a  quoium  in  eaeli  hoiu-cl  What  is  meant  by  qiiorum? 
149.  To  what  does  the  power  of  each  house  to  punish  and  expel 
members  extend?     150.  What  does  the  consliluiicn  require  respect- 


Chap.  IV.  or  the  senatr  and  hoojse.  '•'S 

excepting-  such  parts  as  may,  in  its  judgmeiii,  require 
secrecy ;  and  trie  yeas  and  nays  of  the  members  of  cither 
house,  on  any  question,  shall,  at  the  desire  of  one  filth  (A 
those  present,  be  entered  on  the  journal.  Besides  the 
number  of  copies  of  the  public  journals  usuall}'-  printed, 
there  are  printed  several  liundred  copies,  of  miicii  twenty- 
hve  copies  are  to  be  deposited  in  the  library  oi'  coneress, 
for  the  use  of  members  of  congress  during;  any  stssioji, 
and  all  other  persons  authorized  by  law  to  use  the  books 
in  the  library.  And  as  manv  other  copies  are  transmitted 
to  the  executives  of  the  several  states  and  territories,  as 
shall  be  sntlicient  to  furnish  one  copy  to  each  branch  of 
every  state  and  territorial  legislature,  and  one  copy  to 
each  college  and  incorporated  historical  society  in  eack 
state;  and  the  residue  are  deposited  in  the  library  of  the 
United  States,  subject  to  the  future  disposal  of  congress 

ITjI.  The  printing  of  congress,  both  as  it  regards  the 
manner  and  the  prices  of  the  work,  is  regulated  by  law. 
Before  the  close  of  each  congress,  a  printer  is  chosen,  by 
each  house,  to  execute  its  work  during  the  next  congress 
The  person  elected  is  required  to  give  a  bond,  with  sure-. 
ties,  to  the  secretary  of  the  senate  and  clerk  of  the  house 
of  representatives,  for  the  prompt  and  faithful  execution 
of  the  work. 

152.  Neither  house,  during  the  session  of  congress, 
may,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting.  The  time  of  the  final 
adjournment  is  fixed  by  a  concurrent  resolution  of  both 
houses  Every  second  year,  congress  must  of  necessity 
adjourn  on  the  third  day  of  March,  as  the  term  for  which 
the  house  of  representatives  and  one  third  of  the  senate 
are  elected,  expires  on  that  day. 

153.  The  senators  and  representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law, 


mg  the  journals  of  congress?  How  does  the  law  regnla'e  thciT 
publica'on?  151.  How  is  the  printing  of  congress  regulated? 
152.  How  is  the  power  of  each  house  to  adjourn  restricted?  When 
does  the  conslitutional  term  of  each  congress  expire?      153.  Eow 


74  GOVERNMENT  OF  THE  V.  STATES.  Part  lit 

and  paid  out  of  the  treasury  of  the  United  States.  The 
compensation  at  present  received  by  a  member  of  congress, 
is  eijfrht  dollars  for  every  day's  attendance  in  the  house, 
and  eight  dollars  for  every  twenty  miles  ol  estimated 
•distance,  by  the  most  usual  route,  from  his  residence,  both 
going  to,  and  returning  from,  the  place  of  the  meeting  of 
congress.  The  president  of  the  senate  pro  tempore,  when 
the  vice  president  shall  be  absent,  and  the  speaker  of  tho 
house  of  representatives,  respe-^tively  receive,  in  addition 
to  their  compensation  as  members  of  congress,  eight  dol- 
lars for  every  days  attendance  on  their  respective  houses. 

154.  Members  of  congress,  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  are  privileged  from  ar- 
rest by  any  civil  process,  during  their  attendance  at  the 
session  of  their  respective  houses,  and  in  going  to,  and 
returning  from,  the  same  ;  and,  in  order  to  preserve  the 
freedom  of  deliberation,  no  member  of  either  house  can 
be  questioned,  in  any  other  place,  for  any  speech  or  debate 
in  the  house  of  which  he  is  a  member. 

155.  No  senator  or  representative  may,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil 
office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time;  and  no  person 
holding  any  office  under  the  United  States,  may  be  a 
member  of  either  house  during  his  continuance  in  office. 

156.  Civil  offices  are  created,  and  the  salaries  of  pub- 
lic officers  are  established  by  congress.  Therefore,  to 
take  away  from  its  members  all  inducement  unnecessarily 
to  create  offices,  their  appointment  to  such  offices  is  pro- 
hibited. In  order  to  preserve,  as  far  as  possible,  purity 
of  action  in  the  national  legislature,  it  has  by  law  been 
provided,  that  no  member  shall  be  allowed  to  make  any 
contract,  or  to  have  any  interest  in  any   contract,  to  be 


is  the  compensation  of  members  fixed?  What  i.s  their  present 
compensation?  154.  What  privileges  have  members  during  the 
session  of  coiigres.-'.'  1.^5.  How  are  tliey  restricled  as  to  receiving 
and  holding  officesl  156.  What  is  lhe'ol)ject  of  this  reslrictiont 
From  what  are  members  further  prohibited?  Under  what  penalty? 


Chap    v.  MANNER  OF  ENACTING  LAWS.  75 

made  with  any  officer  of  the  United  States,  or  with  any 
person  authorized  to  make  contracts  on  the  part  of  the 
United  States.  Upon  conviction  for  a  violation  of  this 
law,  a  member  is  adjudged  gailty  of  high  misdemeanor, 
and  fined  three  thousand  dollars;  and  such  contract  shall 
he  void 


CHAPTER  V. 

Of  the  Manner  of  Enacting  Laws. 

157.  Each  house  may  determine  the  rules  of  its  pro- 
ceedings. These  rules,  in  both  houses,  are  substantially 
the  same.  Soon  after  the  meeting  of  congress,  standing 
committees  are  appointed  for  the  session,  upon  all  subjects 
which  usually  receive  the  action  of  congress.  Commh- 
tees  are  also  appointed,  from  time  to  time,  upon  special 
subjects  as  they  arise  :  these  are  called  select  committees. 
Both  standing  and  select  committees  are  appointed  in  the 
house  of  representatives  by  the  speaker;  in  the  senate, 
they  are  generally  appointed  by  ballot,  but  sometimes  by 
the  president  of  the  senate.  The  object  of  the  appoint- 
ment of  committees  is  the  despatch  of  business.  So  great 
a  variety  and  number  of  subjects  require  the  deliberation 
of  congress  at  every  session,  that  but  a  very  small  portion 
of  them  could  be  disposed  of,  if  the  attention  of  the  whole 
house  were  confined,  during  the  whole  session,  to  a  single 
subject  at  a  time. 

158.  When  a  committee  to  whom  a  subject  has  been 
referred,  has  duly  investigated  it,  such  committee  makes 
a  report  to  the  house  to  which  it  belongs.  When  a  com- 
mittee reports  in  favor  of  any  measure  which  it  has  had 
under  consideration,  it  usually  introduces  a  bill  with  such 


157.  When,  and  how  are  standing  and  select  committees  appoin- 
ted?    What  is  the  object  of  their  appoiutment?     158.  What  is  a 


76  OOVBRNMENT  OP  THE  V.  STATES.  Part  ITT, 

report.  A  bill,  is  the  draft  or  project  of  a  "law.  Bills 
may  also  be  introfluced  by  aii  individual  member  upon 
iwive  beinir  granted  on  motion,  alter  due  notice  of  bis 
intention  to  move  the  house  to  grant  it. 

159.  A  bill,  before  it  can  be  passed  by  either  house, 
must  be  read  three  times ;  and  these  several  readings 
must  be  on  different  days,  unless  otherwise  ordered  by 
the  unanimous  consent  of  the  house.  No  bill  can  be 
committed  or  amended  until  it  shall  have  been  read  twice, 
it  is  then  declared  to  be  ready  for  commitment  or  for 
ens^rossment.  To  engross  a  bill,  is  to  copy  it  in  a  large, 
fair  hand,  after  the  amendments  have  been  made  to  it.  if 
the  bill  be  committed  either  to  a  standing  or  select  com- 
mittee, or  to  a  committee  of  the  whole  house;  or  if  tho 
bill  be  ordered  to  be  engrossed,  the  house  appoints  the 
day  on  which  it  shall  be  read  the  third  time.  When  tho 
house  resolves  itself  into  a  committee  of  the  whole  to 
consider  a  bill  thus  committed,  the  speaker  appoints  another 
member  to  preside  as  chairman ;  and  the  speaker  may 
take  a  part  in  the  debates  as  an  ordinary  member. 

160.  Bills  of  unusual  importance  are  usually  referred 
to  a  committee  of  the  whole  house;  and  all  propositions 
for  tuxes,  and  for  appropriations  of  money,  must  first  be 
discussed  in  committee  of  the  whole.  Matters  are  referred 
to  a  committee  of  the  whole,  because  the  rules  of  either 
house,  when  the  proceeding  is  in  the  house  itself,  do  not 
allow  so  great  a  degree  of  freedom  in  discussing  the 
merits  of  any  question,  or  of  settling  its  details,  as  ia 
allowed  in  committee  of  the  whole. 

161  All  bills  for  raising  revenue  must  originate  in 
the  house  of  representatives  ;  but  the  senate  may  propose, 
or  concur  with,  amendments,  as  on  other  liils.  According 
to  the  practice  of  congress,  bills  for  raising  revenue  are 
those  only  which  provide  for  levying  taxes,  in  the  strict 
sense  of   the  term.      Bills,  therefore,   which  indirectly 


bill?  When,  and  by  whom  are  bills  introduced?  159.  What  order 
is  taken  upon  a  hill  before  its  commitment  or  enj^rossmcnt?  What 
further  proceeding  is  had  on  it?  ICO.  To  what  commiUee  are  im- 
portant bills  committed?     Why  are  matters  referred  lo  a  commiUee 


Chap.   V  MANNER  OF  ENACTING  LAWS,  77 

increase  or  create  revenues,  are  not  considered  as  revenue 
bills  within  the  meaning  of  the  constitution. 

162.  A  bill  may,  at  any  time  before  its  passage,  be 
re-committed  for  further  consideration ;  and  when  it  lias 
been  reported  on  by  a  committee,  or  after  it  has  been  fully 
discussed  and  amended  in  the  house,  it  is  then  proposed 
to  be  engrossed  and  read  a  third  time.  Then  is  the  proper 
time  for  those  opposed  to  the  bill,  to  take  their  stand 
against  it. 

163.  If  a  bill  has  passed  one  house,  it  is  sent  for  con- 
currence to  the  other,  in  which  it  must  go  throvigh  simi- 
lar forms  of  examination  and  discyssion.  Whether  it  be 
agreed  to,  or  amended,  or  wholly  rejected,  by  the  house 
to  which  it  has  been  transmitted  for  concurrence,  it  is 
returned  to  the  house  in  which  it  originated,  with  a  mes- 
sage communicating  the  result,  if  amendments  have 
been  made  in  one  house  which  are  not  agreed  to  in  the 
other,  a  message  to  that  effect  is  sent  to  the  former.  If 
the  two  houses  cannot  agree  to  the  amendments,  a  com- 
mittee of  conference  is  appointed  in  each  house.  If, 
after  receiving  the  report  of  the  committees  of  conference, 
an  agreement  or  compromise  be  not  effected,  the  bill  is 
lost. 

164.  When  a  bill  has  passed  both  houses,  it  is  presen- 
ted to  the  president  of  the  United  States;  if  he  approves, 
he  signs  it ;  but  if  not,  he  returns  it,  with  his  objections,  to 
the  house  in  which  it  originated,  which  enters  the  objec- 
tions at  large  on  its  journal,  and  proceeds  to  reconsider  it. 
If,  after  such  reconsideration,  two  thirds  of  the  house 
agree  to  pass  the  bill,  it  is  sent,  together  with  the  objec- 
tio-is,  to  the  other  house,  by  which  it  is  likewise  re-con- 
pidered,  and,  if  approved  by  two  thirds  of  that  house,  it 
becomes  a  law.  If  any  bill  be  not  returned  by  the  pres- 
ident within  ten  days  (Sundays  excepted,)  after  it  has  been 
presented  to  him,  it  sliali  be  a  law,  in  like  maruier  as  if 


of  the  w\io]e  house?  IGl.  What  bills  must  oriEjinate  in  the  house 
cf  repfiseatatives?  What  are  reve.nv^  bills?  l'(;2.  When  is  a  bill 
proi>0;:efl  lO  be  engrossed?  16^?.  What  is  the  course  of  aciioc  on  a 
bill,  ailer  it  has  passed  one  houae?     164..  After  its  passage  by  both 


78  GOVERNMENT  OP  THE  U.  STATES.  Pail  III, 

he  had  signed  it,  unless  con<Tress,  by  its  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

165.  The  provision  giving  to  the  president  power  to 
negaiive  hills  which  shall  have  passed  both  houses,  other- 
wise called  the  veto  power,  was  not  adopted  without  much 
discussion.  It  was  opposed,  on  the  ground  that  the  action 
of  congress  upon  any  subject  ought  to  be  regarded  as  the 
act  of  the  people,  and  must  be  presumed  to  be  the  expres- 
sion of  their  will :  and  that,  with  this  power,  a  single 
individual  might  defeat  the  represented  will  of  a  majority 
of  the  people.  On  the  other  hand,  it  was  believed  to  be 
improbable  that  a  president  would  ever  so  far  forget  his 
responsibility  to  the  people,  as  to  abuse  this  power.  This 
power  was  meant  to  afford  additional  security  against  the 
passage  o(  improper  laws  through  want  of  due  reflection; 
but  it  was  thought  necessary  chiefly  to  defend  the  execu- 
tive department  against  usurpation  bj^the  legislative  power. 
Without  this  check,  the  president  might  gradually  be 
stripped  of  his  authority. 

1(36.  Every  order,  resolution,  or  vote,  to  which  tho 
concurrence  of  the  senate  and  house  of  representatives 
may  be  necessary,  (e.xeept  on  a  question  of  adjournment,) 
must  be  presented  to  the  president  of  the  United  States, 
and,  before  the  same  shall  take  effect,  be  approved  by 
him,  or,  being  disapproved  by  him,  must  be  passed  by 
two-thirds  of  the  senate  and  house  of  representatives, 
according  to  the  rules  and  limitaticiis  prescribed  in  tho 
case  of  a  bill. 

[The  enumeration  of  the  general  powers  of  congrcFs 
comes  next  in  order  in  the  constitution  ;  but  as  the  sub- 
jects of  these  powers  will  come  under  review  in  another 
place,  they  are  here  omitted.  These  powers  extend  gen- 
erally to  ail  subjects  of  a  national  nature,  and  are  expres- 
sed in  the  ttth  section  of  the  1st  article  of  the  constitution] 


houses,  what  is  necessary  to  its  becoraing  a  law?  16.'>.  What  is 
lueaiii  by  Uie  uegauve,  or  otto  {jowerT  Whal  is  ihc  otijecl  ol  ttir» 
{.'ower?  IW).  lu  what  cases  is  ihe  approval  oi  the  prtjsidtiU  uvv,&i- 
sarv? 


Chap,  VI  BI.ECTION  or  pkesidbnt.  79 


CHAPTER    IV 

Executive  Power. — President' s  Term  of  Ojfice — Mode  of 
Election — Qualifications. 

167.  The  executive  power  is  vested  in  a  president  of  the 
United  States  of  America.  The  object  of  the  executive 
department  is  the  execution  of  the  laws;  and  to  ensure 
promptitude,  decision  and  force,  in  the  administration  of 
this  department,  the  executive  authority  is  Hniited  to  a 
sing-le  person.  Experience  had  convinced  the  framers  of 
the  constitution  of  the  inefficiency  and  weakness  of  a 
compound  executive.  The  project  of  executive  councils 
had  been  tried,  and  abandoned,  and  single  executives 
were  created.  Unity  increases  not  only  the  efficacy,  but 
the  responsibility  of  the  executive  power.  As  every  act 
can  be  traced  and  brought  home  upon  the  proper  agent, 
there  will  be  less  temptation  to  depart  from  duty,  and 
greater  solicitude  for  reputation,  than  when  there  are 
partners  to  share  the  public  censure,  or  to  divide  the  pub- 
lic approbation. 

!68.  W^hen  a  law  has  been  duly  made  and  promulga- 
ted, it  is  the  duty  of  the  executive  officer  to  see  that  it  be 
faithfully  executed.  It  is  not  for  him  to  deliberate  and 
decide  upon  the  wisdom  or  expediency  of  a  law.  after  it 
has  passed  through  all  the  forms  of  deliberation  prescri- 
bed in  the  constitution.  It  should  then  receive  prompt 
obedience,  until  repealed  by  the  legislature,  or  pronounced 
by  the  judicial  department  to  be  repugnant  to  the  consti- 
tution. 

169.  The  president  holds  his  office  during  t!)c  term  of 
four  years,  and  is  elected  with  the  vice  president,  who  is 
chosen  for  the  same  term.  It  is  provided  by  law,  that 
the   term  of  four   years  for   w^hich  a  president  and  vico 

1G7.  In  what  is  the  executive  power  vested?  What  is  the  object 
of  this  depariment?  What  are  ihe  benefits  of  a  single  executive'? 
168.  What  is  the  duty  of  the  executive,  r.fter  a  law  has  bi'cn  drdv 
uiudfc  and  pioiuuigaled?     iod.  How  loug  doe«  the  piesiikiii  hoki 


80  GOVERNMENT  OP  THK   V.  STATES.       P'dTt  III. 

president  are  elected,  shall,  in  all  cases,  coinrnence  on  the 
fourth  day  of  March,  next  succeeding  the  day  on  which 
the  votes  of  the  electors  shall  have  been  given.  This 
day  w^as  probably  fixed  upon  for  the  commencement  of 
the  presidential  term,  because  the  term  for  which  the 
house  of  representatives  and  one  third  of  the  senate  are 
elected,  expires  on  the  third  day  of  March,  in  every  second 
year;  aiad  the  term  of  each  new  congress  consequently 
begins  on  the  fourth  of  March. 

170.  The  term  for  which  the  president  is  elected,  is 
deemed  sufficiently  long  for  the  purpose  of  making  him 
feel  firm  and  independent  in  the  discharge  of  his  duties, 
and  to  give  stability  to  his  adm.inislration  ;  and  yet  short 
enough  to  place  him  under  a  due  sense  of  dependence 
upon  the  public  approbation.  The  president  may  be  re- 
elected after  the  e.;q)iration  of  the  term  lor  which  he  was 
elected  ;  but  no  one  has  yet  consented  to  be  a  candidate 
for  a  third  election. 

171.  For  the  ek>ction  of  president,  each  state  is  required 
to  appoint,  in  such  manner  as  the  legislature  thereof  di- 
rects, a  number  of  electors,  equal  to  the  whol<3  number 
of  senators  and  representatives,  to  which  the  siate  may 
be  entitled  in  congress.  The  manner  of  appointing  elec- 
tors is  not  uniform  throughout  the  states,  in  some  of  the 
states,  the  electors  are  appointed  by  the  legislature.  In 
others,  (hey  are  chosen  by  districts.  By  this  mode,  a 
number  of  electors,  equal  to  the  niunber  of  members  of 
the  house  of  representatives,  to  which  a  state  is  entitled, 
are  chosen  by  the  people  in  the  same  manner  in  which 
representatives  are  elected.  These  electors,  so  chosen, 
then  meiit,  and  choose  the  remaining  two  electors,  cor- 
responding v/ith  the  num.ber  of  senators  to  which  the 
state' is  entitled  in  conarress.     Another  mode,  and  that 


his  oJJic^?  When  does  Uie  temi  of  a  presidenr  and  vice  president 
commence?  Why  was'this  day  fixed  upoB?  170.  What  consid- 
erations prevailed  in  dtiermining  upon  four  i'cars  for  the  presi- 
dential terai?  171.  How  are  the  electors  oi'  president  and  vice 
j;re^idenl  appointed?  What  minnber  is  necessary?  What  are  the 
djgbreat  modes  adopted  iu  diJertat  slates  for  chocsiiig  the-elccUji» 


Chap.   V  I.  ELECTION   OF  PRESIDENT.  81 

which  prevails  at  present  in  a  majority  of  the.  states,  is 
by  general  ticket.  According  to  this  system,  the  names 
ol  a  number  of  candidates,  equal  to  the  whole  number  of 
electors  to  be  chosen,  are  placed  on  a  single  ballot ;  and 
such  number  of  candidates  are  voted  for  throughout  the 
state. 

172.  No  senator  or  representative,  or  person  holding 
any  office  of  trust  or  profit  under  the  United  States,  may 
be  appointed  an  elector.  This  is  to  prevent  the  person 
in  otfice  from  having  an  improper  influence  in  procuring 
his  re-election,  by  his  ordinary  agency  in  the  government. 
Persons  thus  holding  offices  under  the  government, 
whose  continuance  in  such  offices  depends  on  the  will  of 
the  executive,  if  chosen  to  be  electors,  might  be  tempted 
to  vote  for  that  candidate  for  president,  whose  favor  they 
would  be  most  likely  to  secure,  without  due  regard  to  his 
fitness  for  the  office. 

173.  I'he  election  of  president  by  a  small  number  of 
electors,  chosen  in  each  state  for  that  purpose,  was  inten- 
ded to  prevent  the  evils  that  were  apprehended  from  an 
election  by  the  people  at  large.  It  was  feared  that  an 
election  in  which  the  people  of  the  entire  union  should 
participate,  would  produce  a  contest  too  violent  and  tu- 
multuous for  the  public  virtue  and  tranquillity.  Another 
object  of  the  present  mode  Avas  to  preserve  the  state  sove- 
reignties, and  to  prevent  the  entire  consolidation  of  the 
government,  in  organizing  the  executive  department. 
There  are,  however,  at  the  present  day,  many  advocates 
for  referring  the  election  of  president  directly  to  the 
j)eopie. 

174.  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes  ;  which  day  shall  be  the  same  throughout  the  Uni- 
ted States.  This  provision  was  meant  to  close,  as  far  as 
possible,  the  opportunity  for  bargain  and  intrigue  in  the 


of  president  and  vice  president?  172.  Who  may  not  be  appointed 
an  elector?  What  is  the  object  of  this  restriction?  173.  Why- 
was  not  t}ie  election  of  president  referred  directly  to  the  people'' 
174,  What  is  the  time  determined  by  congress  for  choosing  the 


82  GOVERNMENT  OF  THE  U.   STATES.       Part  III- 

election.  Congress  has  accordingly  enacted,  that  the 
electors  shall  be  chosen  within  thirty-four  daj'S  preceding 
the  day  on  which  they  shall  give  their  votes ;  and  that 
the  day  on  which  their  votes  shall  be  given,  shall  be  the 
first  Wednesday  in  December,  in  every  fourth  year  after 
the  last  election. 

175.  The  electors  in  each  state  meet  at  the  place  ap- 
pointed by  the  legislature  thereof",  which  is  usually  at  the 
seat  of  the  state  government,  and  vote  by  ballot  for  pres- 
ident and  vice  president,  one  of  whom,  at  least,  shall  not 
bean  inhabitant  of  the  same  state  with  the  electors.  They 
name,  in  their  ballots,  the  person  voted  for  as  president, 
and  in  distinct  ballots,  the  person  voted  for  as  vice  presi- 
dent; and  they  make  distinct  lists  of  all  persons  thus 
voted  for,  and  the  number  of  votes  given  for  each.  These 
lists  thev  sign  and  certify,  and  transmit,  sealed,  to  the 
seat  of  government  of  the  Unifed  States,  directed  to  the 
president  of  the  senate. 

176.  By  an  act  of  congress,  the  electors  in  each  state 
are  required  to  make  and  sign  three  certificates  of  all  the 
votes  by  them  given,  and  to  sea!  up  the  same.  C>ne 
of  these  certificates  is  directed  to  be  sent  by  a  person  duly 
appointed  by  them  for  that  purpose,  to  the  president  of  the 
senate,  at  the  seat  of  gov.^rnment,  before  the  first  day  of 
January  ne.xt  ensuing.  i\nother  of  these  certificates  is 
ordered  to  be  forwarded,  by  the  post  office, 'also  directed 
to  the  president  of  the  senate;  and  the  other  certificate  is 
to  be  delivered  to  the  judge  of  the  district  in  which  the 
electors  are  assembled.  The  day  appointed  for  opening 
the  certificates  and  counting  the  votes,  is  the  second 
Wednesday  in  February  succeeding  the  election. 

177.  The  president  of  the  senate,  on  the  day  appointed, 
in  the  presence  of  both  houses,  opens  all  the  ceniiicritps 
received  by  fiim;    and  the  votes  are  then  counted:  the 


electors?  What  the  time  for  the  electors  to  choose  the  presides' ? 
175.  At  whai  phice  do  the  eloc'.ors  meet  to  vote  for  pr2?i<ieni'!  How 
are  ihe  candidaios  voted  for?  176.  How  does  the  law  regula.e 
ihe  siguing  and  disposing  of  the  certificates  of  votes?  On  what  day 
are  the  voie&  counted?  177.  How  is  the  election  determined?  11  tlic 


Chap.    VI.    QUALIFICATIONS  OF  THE  PRESIDENT.  83 

person  having  the  greatest  number  of  votes  for  president, 
is  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  but  if  no  person  has  such 
majority,  then,  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three,  on  the  list  of  those  voted  for 
as  president,  the  house  of  representatives  shall  immedi- 
ately choose,  by  ballot,  the  president. 

178.  But  when  the  choice  of  president  devolves  on  the 
house  of  representatives,  the  votes  are  taken  by  states,  the 
representation  from  each  state  having  one  vote.  A  quorum 
for  this  purpose  shall  consist  of  a  member  or  members 
from  two  thirds  of  the  states;  and  a  majority  of  all  the 
states  shall  be  necessary  to  a  choice.  And  if  the  house 
of  representatives  shall  not  choose  a  president,  before  t be 
fourth  day  of  March  following,  then  the  vice  president 
shall  act  as  president,  as  in  case  of  the  death  or  other 
constitutional  disability  of  the  president. 

179.  The  person  having  the  greatest  number  of  votes 
as  vice  president,  is  vice  president,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed ;  and 
if  no  person  has  a  majority,  then,  from  the  two  highest 
numbers  on  the  list,  the  senate  chooses  the  vice  president. 
-A.  quorum  for  this  purpose  shall  consist  of  two  thirds  of 
the  whole  number  of  senators;  and  a  majority  of  the 
whole  number  is  necessary  to  a  choice. 

180.  No  person,  except  a  natural  born  citizen,  or  a 
citizen  of  the  United  States  at  the  time  of  the  adoption 
of  the  constitution,  is  eligible  to  the  office  as  president. 
The  qualification  of  birth  cuts  oft"  all  inducements  from 
abroad  to  corruption  and  negotiation.  As'the  president 
is  required  to  be  a  native  citizen  of  the  United  States, 
ambitious  foreigners  cannot  intrigue  for  the  office. 

181.  Neither  is  any  person  eligible  to  the  office  of 
president,  who  has  not  attained  to  the  age  of  thirty-five 


electors  fail  to  make  choice,  who  chooses  the  president?  178.  Hoav, 
in  Uiis  case,  are  the  votes  talien?  What  is  necessary  to  a  choice.' 
If  no  choice  be  mad«,  who  is  to  act  as  president?  179.  How  is  the 
vicepresidentchosenwhen  the  electors  fail  to  elect?  180,  181.  What, 
qualifications  must  a  president  po-sess?     What  are  the  objects  of 


84  GOVERNMENT  OF  THE  U.   STATES.  Part  III, 

years,  and  been  fourteen  years  a  resident  within  the  Uni- 
ted States.  The  age  required,  is  sufficient  for  a  person 
to  have  formed  his  public  and  private  cliaracter;  and  a 
long  domestic  residence  is  intended  to  aflbrd  his  fellow 
citizens  the  opportunity  to  attain  a  correct  knowledge  of 
his  principles  and  capacity,  and  to  enable  him  to  acquire 
liabits  of  attachment  and  obedience  to  the  laws,  and  of 
devotion  to  the  public  welfare. 

182.  The  same  qualifications  are  necessary  to  render 
a  person  eligible  to  the  office  of  vice '  president,  as  are 
required  for  the  office  of  president. 

183.  In  case  of  the  removal  of  tlie  president  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  devolves 
on  the  vice  president,  and  congress  may,  by  law,  .pro- 
vide for  the  case  of  removal,  death,  resignation,  or  ina- 
bilhy,  both  of  the  president  and  vice  president,  declaring 
what  officer  shall  then  act  as  president ;  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or 
a  president  be  elected. 

184.  Congress  has  provided  by  law,  that,  in  case  these 
supposed  vacancies  shall  happen,  the  president  of  the 
senate  pro  tcmpoir  shall  a^,t.  as  president;  and,  in  case 
there  should  be  no  president  pro  tempore,  the  speaker  of 
the  house  shall  so  act,  until  the  vacancy  be  supplied. 
And  as  it  may  become  a  question  on  whom  the  office 
would  devolve  after  the  expiration  of  the  congress  for 
which  the  speaker  was  chosen,  it  is  usual  for  the  vice 
president  to  withdraw  from  the  senate  previouslj'  to  the 
adjournment  of  the  session,  to  afford  an  opportunity  to 
the  senate  to  choose  a  president  pro  tempore,  v.ho  would, 
in  that  case,  act  as  president. 

185.  If  the  vice  president  succeed  to  the  office  of  pres- 
ident, he  continues  in  it  till  the  expiration  of  the  term  for 


these  restrictions?  182.  What  are  the  qualincation.s  of  a  vice 
president?  183.  How  does  the  constitution  provide  for  filling  a 
vacancy  iji  the  office  of  pre.sident?  184.  How  has  further  provision 
been  made  to  s^jpply  casual  vacancies'?  185.  When  the  vice  presi- 
dent succeeds  to  tlie  office  of  pr^esidentj  how  long  does  he  hold  if? 


Chap.   VI.  SALARY  OF  THE  PRESIDENT.  85 

which  the  president  was  elected,  unless  the  temporary- 
disability  of  the  president  be  sooner  removed.  If  both 
otiices  should  be  vacant,  the  law  makes  it  the  duty  of  the 
secretary  of  state  to  cause  notice  to  be  given  to  the  exec- 
utive of  every  state,  and  published,  ordering  an  election 
for  the  appointment  of  presidential  electors,  to  elect  a 
president. 

186.  The  president,  at  stated  times,  receives  for  his 
services  a  compensation,  which  is  neither  to  be  increased 
nor  diminished  durino-  the  period  for  which  he  has  been 
elected ;  and  he  shall  not  receive,  within  that  period,  any 
other  emolument  from  the  United  States,  or  any  of  the 
states. 

187.  As  it  is  a  fundamental  principle  of  our  govern- 
ment, that  the  several  departments  should  be  kept  separate 
and  distinct,  the  support  of  the  president  was  secured  by 
a  constitutional  provision,  in  order  to  preserve  the  due 
independence  of  the  e.\'ecutive  department ;  which  could 
not  be  expected,  if  the  legislature  could  control,  at  its  dis- 
cretion, the  salaries  of  the  executive  and  judicial  officers. 
The  compensation  provided  by  law  for  the  president,  is 
$•2.5,000  a  year,  with  the  use  of  buildings,  furniture,  and 
other  effects  belonging  to  the  United  States ;  and  that  of 
the  vice  president  is  $.5,000  a  year,  payable  at  the  treas- 
uiy. 

188.  Before  a  president  enters  on  the  execution  of  the 
duties  of  his  office,  he  is  required  to  take  the  following 
oath  or  affirmation : 

"  r  do  solemnly  swear  (or  affirm)  that  I  will  fiiithfuHv 
execute  the  office  of  president  of  the  United  States  ;  and 
will,  to  the  best  of  my  ability,  preserve,  protect  and  defend 
the  constitution  of  the  United  States." 

189.  It  is  the  practice,  under  the  constitutions,  both  of 
the  United  States,  and  of  all  the  states,  for  legislators, 


ir  both  offices  become  vacant,  how  are  the  vacancies  filled? 
186.  How  is  the  president's  eompensation  provided  for]  187.  What 
is  the  object  of  a  constitutional  provision  for  the  support  of  the 
president?  What  compensation  does  he  receive?  What  the  vice 
president?  188.  What  is  required  of  the  president  before  he  enters 


85  GOVERNMENT  OF  THE  IT.  STATES.       Part  III- 

judges,  jurors,  witnesses,  and  other  civil,  as  well  as  mili- 
tary officers,  to  bind  themselves  under  the  solemnity  of 
an  oath,  to  discharge  their  trusts  and  duties  faithfully- 
An  oath  supposes  a  belief  that  there  is  a  God,  who  will 
hereafter  reward  the  worthy  and  punish  the  wicked. 
There  are  persons  who  believe  that  all  oaths  are  forbid- 
den :  they  simply  affirm-,  or  declare.  But  a  false  affirma- 
tion subjects  the  person  so  affirming,  to  all  the  pains  and 
penalties  of  perjury. 


CHAPTER  YII. 

Powers  and  Duties  of  the  Presiderit. 

190.  The  president  is,  by  the  constitution,  made 
commander-in-chief  ol  the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several  states,  when 
called  into  actual  service  of  the  United  States.  The  com- 
mand and  application  of  the  public  forces  to  execute  the 
laws,  maintain  peace,  and  resist  foreign  invasion,  are 
powers  of  an  executive  nature,  and  require  the  exercise 
of  qualities  characteristic  of  this  department:  in  every 
well  organized  government,  these  powers  have  therefore 
been  appropriated  to  the  executive. 

191.  The  president  may  require  the  opinion,  in  writing, 
of  the  principal  officers  in  each  of  the  executive  depan- 
ments,  upon  any  subject  relating  to  the  duties  of  their 
offices.  As  the  several  departments  are  established  to 
aid  in  the  administration  of  the  laws,  and  as  the  duties  of 
the  president  make  it  necessary  that  he  should  be  kept 
acquainted,  as  fully  as  possible,  with  the  business  of  every 


on  the  duties  nf  his  office?     189.  What  is  an  oath?    What  is  the 
practice  of  those  who  believe  oaths  to  be  forbidden? 

190.  What  power  has  the  president  in  relation  to  the  army  and 
navy?     191r  Wh}'  are  the  opiuion.s  of  the  executive  officers  rfiqui- 


<-'hap.   VII.       POWERS  OF  THE  PRESIDENT.  87 

hraiich  of  the  executive  department;  it  is  proper  that  the 
priacipal  o:%'ers  in  each  should  give  to  the  chief  execu- 
live  officer,  such  information  and  assistance,  as  may  be  at 
any  time  required  of  them. 

\\ri.  The  president  has  power  to  grant  reprieves  and 
pardons,  for  offences  against  the  United  States,  except  in 
cas.^s  of  impeachment.  The  necessity  of  a  pardoning 
p.)\A-er,  arises  from  the  imperfection  of  human  justice. 
Under  the  most  correct  administration  of  the  laws,  men 
are  sometimes  liable  to  suffer  from  revengeful  accusers, 
the  inaccuracy  of  testimony,  or  the  fallibility  of  jurors. 
But  there  are  cases  in  which  policy  and  humanity  require 
rliat  punishment  should  be  remitted,  though  the  crime  be 
clearly  ascertained.  The  power  of  pardon,  vested  in  the 
president,  is  unlimited,  except  in  cases  of  impeachment. 
Hi  is  prevented,  in  that  case,  from  screening  public  offi- 
cers, with  whom  he  might  have  formed  a  corrupt  coali- 
tion, or  who  might  be  his  particular  favorites  or  depend- 
ants. 

193.  The  president  has  power,  by  and  with  the  advice 
and  consent  of  the  senate,  to  make  treaties,  provided  two 
thirds  of  the  senators  present  concur.  A  treaty  is  a 
bargain  or  agreement  between  nations  on  any  matter  that 
concerns  them.  It  is  in  this  manner  that  civilized  nations 
settle  their  disputes,  and  agree  upon  the  terms  of  peace 
fit  the  close  of  a  war.  Commercial  intercourse  between 
nations  is  sometimes  regulated  by  treaty.  The  terms  of 
a  treaty  are  agreed  on  by  the  ministers  of  each  party, 
who  put  their  agreement  in  Avriting  ;  two  copies  of  v.hich 
are  made,  signed  and  sealed ;  and  one  of  them  is  sent  to 
each  of  the  respective  sovereigns,  by  whom  the  contract 
is  either  ratified  or  rejected.  BotlV parties  must  ratify,  or 
there  is  no  treaty. 

134.  In  a  monarchical  government,  the  power  of  rati- 
fying and  rejecting  treaties  is  exercised  by  the  king.  In 
the  United  States,  the  power  of  making  treaties  is  confided 


i  ?d?  193.  From  what  ari=;es  thsnec^ssin'-of  t-he  pardoninsr  power? 
ti-jw  is  this  power  limited?  193.  What'is  a  ;'?-e«i5//?  Whai.  matters 
ars  regyjated  by  tiv-.ty?     How  are  ireaUes  made?     194.  lu  whom 


BS  GOVERNMENT  OF  THE  V.  STATES.  Part  IIT, 

tp  the  president  and  senate.  As  treaties  are  the  supreme 
law  of  the  land,  this  power  is  considered  bj'  some  as 
more  properly  belonging  to  the  legislature  in  a  free  gov- 
ernment. But  as  secrecy  and  despatch  in  negotiations 
may  become  necessary,  in  order  to  take  advantage  of  a 
sudden  and  favorable  turn  of  public  afiairs,  this  power  is 
properly  conlided  to  the  executive.  And  yet,  to  place 
without  liniitatiun,  in  the  hands  of  the  president  alone,  sq 
important  a  power,  was  not  deemed  altogether  safe.  The 
senate  was  therefore  properly  associated  with  the  presi- 
dent in  the  exercise  of  this  power.  Its  members  are  easily 
assembled,  and  are  generally  governed  by  steady,  system- 
atic views,  and  a  due  regard  for  national  character,  and 
act  with  promptitude  and  firmness. 

195.  The  president  nominates,  and  by  and  with  the 
advice  and  consent  of  the  senate,  appoints  an»bassadors, 
other,  public  ministers,  and  consuls,  judges  of  supreme 
court,  and  ail  other  officers  of  the  United  States,  whose 
appointments  are  not  in  the  constitution  provided  for,  anU 
which  shall  be  established  by  law.  But  congress  may, 
b}''  lavv,  vest  the  appointment  of  such  inferior  officers  a;5 
it  thinks  proper,  in  the  president  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departinenis. 

196.  The  appointment  of  subordinate  officers  of  the 
government,  coticerned  in  the  administration  of  the  laws, 
belongs  with  groat  propriety  to  the  president,  who  is  in 
a  measure  responsible  for  thy  iailiiful  execution  of  ifie 
laws.  The  association  of  the  senate  with  the  president 
in  the  exercise  of  this  power,  affords  a  salutary  check 
upon  the  misinformation  or  errors  of  the  president,  whilst 
it  does  not  materially  lessen  his  responsibility,  or  his 
liability  to  the  public  censure  or  approbation  ;  as  he  still 
retains  the  right  of  selection  and  nomination,  and  as  the 
senate  seldom  rejects  a  nomination,  unless  it  be  highly 
exceptionable.  . . 


is  this  power  vested  in  t)ie  United  States?  For  v.iiat  reasons  is  the 
senate,  more  properly  than  the  honse,  associated  with  the  president  I 
W.').  How  are  exec uli v^e  priicers  nominated  and  appointed"?  19ti. 
Wiiy  are  the  advice  and  consent  of  the  senate  deemed  esaentiaU 


Chap.  VTl.         POWERS  of  the  president.  f-9 

197,  The  president  has  power  to  fill  up  all  vacancies 
that  happen  during  the  recess  of  the  senate,  by  granting 
commissions  which  shall  expire  at  the  end  of  its  next 
session.  This  power  i&«;ssential  to  prevent  the  inconve- 
nience, and  that  deiriment  to  the  public  interest,  which 
might  be  occasioned  by  vacancies  in  office.  But  the 
same  reasons  fvr  which  the  senate  is  made  a  part  of  the 
aj^pointing  power,  require  that  com.missions  granted  by 
the  president  should  not  extend  beyond  the  close  of  th'e 
next  session  of  the  senate.  Without  this  restriction  upon 
the  power  to  fill  vacancies,  the  president  might  continue 
men  in  office  at  his  own  pleasure,  for  an  unlimited  period, 
howsoever  incompetent  or  unfaithful  they  might  be. 

198.  Vacancies  that  happen,  are  those  which  occur 
from  death,  resignation,  promotion  or  removal  ;  and  the 
power  has  been  questioned  of  appointing  ambassadors  to 
foreign  nations,  during  the  recess  of  the  senate,  where  no 
such  appointme.nts  had  before  been  made  ;  as,  in  that  case, 
no  vacancy  would  have  happened.  And  if  the  senate  be 
in  session  when  a  new  office  is  created  by  law,  and  a 
nomination  be  not  then  made  by  the  president,  it  is  sup- 
posed he  cannot  appoint  to  such  oiHce  during  the  recess, 
as  the  vacancy  does  not  then  happen. 

193,  The  power  of  the  president  to  remove  an  executive 
officer  has  also  been  questioned,  as  no  such  power  is  ex- 
pressly authorized  by  the  constitution;  but  as  it  does  not 
declare  that  any  but  judicial  otiices  may  be  held  during 
aood  behavior,  it  is  presumed  that  others  are  held  during 
ihe  pleasure  of  the  appointing  power, 

200.  The  president  is  required,  from  time  to  time,  to 
give  to  congress  information  of  the  state  of  the  union  ; 
and  to  recommend  to  its  consideration  such  measures  as 
he  shall  judge  necessary  and  expedient.  He  delivers  to 
congress  annually,  at  the  opening  of  every  session,  a 
message,  giving  information  relative  to  the  state  of  the 
union,  its  internal  affairs,  and  its  relations  with  foreign 


107,  What  power  has  the  president  in  filling  np  vacancies?  198. 
What  are  vacancies  that  happen?  199.  May  the  president  re???^;^ 
an  executive  officer?  From  what  is  this  power  inferred?  200,  What 


\)0  GOVERNMENT  OF  THE   V.  STATES.  Part  III. 

powers.  He  also  recommends  to  congress  the  adoption 
of  such  measures  as  the  public  good  may  be  supposed  to 
requi''e.  Special  messages  are  also  communicated  to 
congress,  fiom  time  to  time,  on  subjects  as  they  arise,  or 
in  obedience  to  calls  of  congress  for  information. 

201.  The  president  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them;  and,  in  case  of 
disagreement  between  them,  with  respect  to  the  lime  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper.  He  is  required  to  receive  ambassa- 
dors and  other  public  ministers :  to  take  care  that  the 
laws  be  faithfully  executed;  and  to  commission  all  the 
otficers  of  the  United  States.  The  propriety  of  commit- 
ting these  simple  duties  to  the  president,  is  self-evident : 
they  are  in  their  nature  duties  that  pertain  to  the  execu- 
tive department  of  the  government. 

202.  The  trusts  committed  to  the  president  are  various 
and  important ;  and  their  proper  or  improper  exercise 
must  have  a  sensible  etfect,  either  for  good  or  for  evil, 
upon  the  general  welfare.  In  view  of  the  magnitude  of 
the  executive  trust,  the  constitution  has  made  liberal  pro- 
vision to  prevent  its  abuse:  first,  in  the  mode  of  the 
president's  appointmient ;  which  seems  to  afford  a  suffi- 
cient safeguard  against  the  election  of  incompetent  men, 
as  well  as  against  the  successful  employment  oi  undue 
means  to  procure  an  election:  secondly,  by  the  limitation 
of  office  ;  he  being  made  subject  to  removal  at  the  end  of 
four  years  :  thirdly,  by  the  precise  and  definite  limitations 
of  his  power:  and  lastly,  by  providing  for  his  removal 
from  office,  by  impeachment,  at  any  time,  for  misdemean- 
or or  maladministration. 

203.  But  to  all  these  safeguards  and  restrictions,  should 
be  superadded  unremitting  watchfulness  on  the  part  of 
the  people.  No  barriers  which  the  constitution  interpo- 
ses, nor  all  the  restraints  which  have  been,  or  that  can  be, 


does  the  pre^ident^•<  message  contain"?  What  is  a  special  message? 
'201.  What  o  lier  duties  are  reciuired  of  the  pre.sidcm?  202.  By 
wlial  provision.'i  inthecon>litiilion,  is  the  abuse  of  executive  power 
gt.arJed  agaiiidt?     203.  WLai  luriher  safeguard  is  necessary? 


f 'hap.  VIII.  STATE  DEPARTMENT.  9! 

imposed  by  law,  will  be  sufficient  to  protect  the  liberties 
of  the  people,  if  the  public  eye  cease  its  supervision  of 
the  conduct  of  those  entrusted  with  the  exercise  of  the 
powers  of  government;  and  if  the  sovereign  people  be 
not  disposed  to  call  those  to  account  who  abuse  the  trusts 
confided  to  them. 


CHAPTER  VIII. 


Executive  Auxiliaries — Department  of  State — of  the 
Treasury — of  War — of  the  Navy — Attorney  General — 
Executive  OJicers  Abroad. 

204.  To  aid  the  president  in  the  administration  of  the 
government  and  laws  of  the  United  States,  the  following 
departments  have  been  established,  viz:  Ttie  departments 
state,  of  the  treasury,  of  war,  of  the  navy,  of  the  post 
office :  the  officers  of  these  departments,  togeiher  with 
the  attorney  general,  form  the  principal  home  ministers 
of  the  executive,  and  constitute  what  is  called  the  cabinet. 
The  foreign  ministers,  and  agents  of  a  permanent  char- 
acter, are  ambassadors,  charges  des  aflirires,  and  consuls. 

205.  Department  of  State.  This  department  existed 
for  many  years  before  the  adoption  of  the  constitution. 
It  was  called  the  "  department  of  foreign  ai^airs,"  and 
the  chief  officer  was  entitled  "  the  secretary  of  the  depart- 
ment of  foreign  affairs."  By  the  act  of  1789,  it  was 
denominated  "the  department  of  state;"  and  the  principal 
officer  therein,  vf'.the  secretary  of  state;"  Avho  performs 
such  duties  as  are  committed  to  him  by  the  president,  rel- 
ative to  foreign  intercourse,  and  to  public  ministers  and 
consuls ;  or  to  negotiations  with  foreign  powers,  to 
memorials  arid  other  applications  from  foreign  ministers 

201.  What  auxiliary  departments  liave  been  e.'itablislied  to  aid  in 
the  administratioi)  of  the  governmenll  What  are  the  heads  of 
these  departments  called]    205.  What  are  the  duties  uf  secretary 


92  GOVERNMENT  OF  THE   U.  STATES.  Part  III. 

or  other  foreigners;  or  to  such  other  matters  as  shall  be 
assigned  to  his  department  b}-  tlie  president  of  the  United 
States.  As  the  official  opinions  of  the  executive  are 
expressed,  in  all  diplomatic  intercourse,  through  this 
officer,  he  is  sometimes  called,  the  diplomatic  agent. 
Diplomacy  means  the  power  of  negotiation  ;  or,  the  cus- 
toms, rules  and  privileges  of  ambassadors,  or  other  rep- 
resentatives at  foreign  courts. 

206.  The  secretary  of  state  keeps  the  seal  of  the. 
United  States;  he  makes  ont  records  and  seals  all  civil 
commissions  to  officers  appointed  by  the  president,  by  and 
with  the  advice  and  consent  of  the  senate,  or  by  the 
president.  He  causes  the  laws,  and  all  treaties  ratified 
by  the  United  States,  after  their  passage,  to  be  published 
in  the  newspapers  designated  for  that  purpose,  not  excee- 
ding three  in  each  state  and  territory.  He  causes  to  he 
published,  at  the  close  of  every  session,  eleven  thousand 
copies  of  the  acts  of  congress,  and  to  be  distributed  amorsg 
the  officers  of  the  general  government,  and  among  the  s<'v- 
eral  states.  There  are  many  duties  of  a  similar  nature 
which  devolve  upon  this  officer.  The  patent  office  is 
connected  with  this  department.  The  secretary  of  state 
employs  a  chief  clerk,  and  a  number  of  subordinate 
clerks,  whose  compensation  is  fixed  by  law.  The  salary 
of  the  secretary  of  state  is  $6000  a  year. 

207.  Departme?if  of  the  Trea,sury.  This  department 
existed,  uncier  different  forms,  during  the  confederation, 
and  for  many  years  after  the  adoption  of  the  constitution. 
It  received  its  present  organization,  by  the  a^-t  of  March, 
1817.  The  officers  of  this  department  are,  a  secretary, 
who  is  the  head  of  the  department,  two  comptrollers,  five 
auditors,  a  treasurer,  a  register,  a  commissioner  of  the 
land  office ;  each  of  whom  is  allowed  one  chief  clerk, 
and  such  additional  clerks  as  the  business  of  their  respec- 
tive offices  renders  necessary. 


of  state"?  What  is  diplomaaj?  206.  What  other  duties  does  this 
officer  perform'!  What  is  his  salary?  207.  What  are  the  ofKcers 
of  the  treasury  department?     208.  What  are  the  duties  of  the  sec- 


Chap.  VlII.         TREASURY  DEPARTMENT.  93 

203.  The  secretary  of  the  treasury  prepares,  and  lays 
before  congress,  at  the  commencement  of  every  session,  a 
report  of  the  finances,  containing-  a  statement  of  the  pub- 
lic revenue  and  expenditure  during  the  past  year,  the 
value  of  the  imports  and  exports  for  the  same  period,  and 
estimates  of  the  revenue  and  expenditures  for  succeeding 
years,  and  plans  for  improving  the  revenues.  He  als  o 
inakes,  annually,  a  statement  of  appropriations  of  money, 
and  of  sums  remaining  in  the  treasury:  he  superintends 
the  collection  of  the  revenue,  and  provides  for  building 
and  keeping  in  repair,  the  light  houses,  beacons,  buoys, 
and  public  piers  in  the  several  states  ;  and  performs  such 
other  duties  as  appertain  to  his  office.  His  salary  is 
$6000  a  year. 

209.  The  business  of  the  comptrollers  and  auditors, 
relates  chiefly  to  examinmg  and  settling  the  public  ac- 
counts, and  to  the  recovery  of  debts  due  to  the  United 
States.  The  treasurer  receives  and  keeps  the  money  of 
tlie  United  States,  and  pays  out  the  same  on  warrants 
drawn  by  the  secretary  of  the  treasury  ;  and  on  the  third 
day  of  every  session,  lays  before  congress  copies  of  all 
accounts  settled  with  the  comptroller,  and  a  true  account 
of  the  state  of  the  treasury.  The  register  annually  pre- 
pares statistical  accounts  of  the  commerce  of  the  United 
Stales  with  foreign  countries,  for  the  preceding  year,  to 
he  laid  by  the  secretary  of  the  treasury  before  congress 
at  every  session.  Such  accounts  state  the  goods  imported 
and  exported,  and  the  navigation  employed  in  the  foreign 
trade.  The  commissioner  of  the  land  office  superintends 
and  performs  such  acts  as  relate  to  lands  patented  or 
crranted  by  the  United  States.  No  person  holding  an 
oifice  in  this  branch  of  the  department,  is  allowed  to  ha^^e 
any  interest  in  the  purchase  of  any  public  land  ;  nor  may 
he  take  any  fee  or  emolument  for  negotiating  or  trans- 
acting the  business  of  the  office,  other  than  his  salary. 


retaryof  the  treasury?  What  istheamountof  hissalary?  209.  What 
are  the  duties  of  the  subordinate  treasury  officers  respectively  t 
What  restriction  is  imposed  upon  the  officers  of  the  land  office.' 


94  GOVERNMENT  OF  THE  U.  STATES.         Part  til, 

210.  The  laws  regulating  the  treasury  department 
prescribe  tho  manner  of  keeping,  settling  and  collecting 
the  public  a  -counts.  In  cases  of  insolvency,  debts  due 
the  IJnited  States  on  revenue  bonds,  must  be  first  satisfied. 
The  United  States  cannot  be  sued.  A  creditor  who  is 
refused  payment,  must  apply  to  congress. 

211.  Department  of  War.  The  secretary  of  war 
performs  such  duties  as  relate  to  military  commissions, 
or  to  the  laud  forces,  and  warlike  stores  of  the  United 
States ;  or  to  such  other  matters  respecting  military  or 
Indian  affairs,  as  shall  be  assigned  to  his  department. 
He  is  required  to  make  an  annual  statement  to  congress 
of  the  expenditure  and  application  of  moneys  drawn  from 
the  treasurjr  for  his  department,  and  to  make^  such  sug- 
gestions to  congress  relative  to  the  condition  of  his  de- 
partment, as  he  shall  think  proper.  His  salary  is  $6,000 
a  year. 

212.  In  this  department,  is  transacted  the  business  re- 
lating to  military  pensions.  A  pension  is  a  yearly  allow- 
ance to  a  person  by  the  government,  in  consideration  of 
past  services.  Laws  have  existed,  from  the  first  organi- 
zation of  the  government,  granting  pensions  to  persons 
disabled  in  the  war  of  the  revolution,  in  such  manner  as 
to  render  them  unable  to  procure  a  subsistence  by  manual 
labor.  After  the  close  of  the  late  war,  persons  were 
added  to  the  pension  list,  who  had  been  disabled  by 
wounds  while  in  the  service  during  the  late  war.  Pen- 
sions were  also  allowed,  by  act  of  1818,  to  all  the  solders 
of  the  revoliition,  who  had  served  nine  months  or  longt-r 
in  such  war,  and  who  were  in  necessitous  circumstances. 
By  act  of  7th  June,  1832.  the  pension  list  was  so  extend- 
ed as  to  include  ail  vvlio  had  served  in  the  army  or  navv. 
during  tiie  war  of  the  revolution,  for  six  months  at 
least.  .  . 


<PTBd  isig  ajt?  .loiqap  inanin.iaAoS  ni3Ap«m  ub  jo  -siqap  it?t^^  015 
211.  What  are  ihe  duties  of  the  secretary  of  war?  What  is  bis 
Siilary?  212.  Wliai  u.hcr  buoiuei.s  is  done  in  ihi.s  depart  men  i  ? 
What  is  a  peni>ioa?  To  what  classes  of  persons  were  pensions 
confined  before  1832?     To  w  hat  class  were  they  then  extended? 


Chap.  VIII.         EXECUTIVE   MINISTERS  ABllOAD,  95 

213.  Department  of  the  Naui/.  The  secretary  of  the 
navy  executes  the  orders  of  the  presit.ent,  relative  to  the 
procurement  of  naval  stores  and  materials,  and  the  arma- 
ment, equipment  and  employment  of  vessels  of  war,  as 
wfell  as  all  other  matters  relating  to  the  naval  establish- 
ment.    His  salary  is  $6000  a  year. 

214.  Three  officers  are  appointed  by  the  president  and 
senate,  who  constitute  a  board  of  commissioners  foY  the 
navy,  and  who  discharge  the  ministerial  duties  of  the 
office  of  the  secretary,  and  furnish  all  estimates  of  ex- 
penditures which  the  several  branches  of  the  service  may 
require.     Their  salaries  are  t-3500  a  year,  each. 

215.  Attorney  General.  The  act  of  24th  September, 
1789,  provides  for  the  appointment  of  a  nieet  person, 
learned  in  the  law,  to  act  as  attorney  general  of  the  Uni- 
ted States,  who  shall  be  sworn  to  a  faithful  execution  of 
his  office.  His  duty  is  to  prosecute  and  conduct  all  suits 
in  the  supreme  court,  in  which  the  United  States  shall 
be  concerned,  and  give  his  advice  upon  questions  of  law, 
when  required  by  the  president,  or  when  requested  by 
the  heads  of  any  of  the  departments.  His  salary  is  $3500 
a  year. 

216.  Executive  Oj/icers  Abroad.  It  is  the  practice  ot 
each  civilized  nation,  to  send  one  of  its  citizens,  in  time 
of  peace,  to  reside  at  the  seat  of  government  in  other  na- 
tions. A  person  thus  sent,  is  sometimes  called  ambassa- 
dor '  Ambassadors  are  either  ordinary,  or  extraordinary. 
An  ambassador  extraordinary,  is  a  person  sent  on  som.e 
particular  occasion,  and  who  retires  as  soon  as  the  affair 
on  which  he  was  sent  is  despatched.  An  ambassador 
in  ordina.ry,  is  one  who  constantly  resides  at  a  foreign 
court,  to  maintain  a  good  understanding,  and  to  look  to 
the  interests  of  his  prince  or  nation. 

217.  The  agent  sent  by  the  United  States  to  reside  at  a 
foreign   court,  is   generally  called   minister.     He  is  the 


213.  What  are  the  duties  of  the  secretary  of  the  navy?  IV hat  is 
his  salary?  214.  What  i.*  the  duty  of  the  navj  commisKioners.'' 
What  afc  their  salaries'?  215.  What  are  the  duties  of  the  attorr  r>- 
geuejai!    VViiai  is  his  salary.'     2ltij  217.     Wh'di  a-icand^aatadvii.^ 


96  GOVERNMENT  OF  THE   TJ.   STATES.  Part   Ul- 

representative  of  the  government  to  which  he  belongs; 
and  his  duties  depend  on  the  instructions  given  him. 
Ministers  of  the  United  States  are  allowed  $9000  a  year 
for  their  personal  services  and  -expenses.  A  charge  drx 
a f aires,  (French,)  meaning  charo-e  of  affairs,  is  an  agent 
of  the  United  States,  of  an  inferior  grade,  sent  abroad, 
charged  with  the  management  of  the  affairs  of  his  nation. 
He  is  allowed  for  his  services  and  expenses;  t45U0  a 
year.  But  the  president  niay  allow  to  a  minister  or 
charge  des  affaires,  on  going  out  of  the  United  States,  in 
addition  to  his  salary,  an  outfit,  equal  in  amount  to  one 
year's  full  salary. 

218.  Cort.svh  are  commercial  agents  residing  in  foreign 
seaports.  Their  duties  are  various.  They  receive  the 
protests  or  declarations  which  captains,  passengers,  and 
merchants,  citizens  of  the  United  Slates,  m<ay  make  there. 
They  dispose  of  the  personal  estate  ieit  by  citizens  of  the 
United  States,  who  die  within  their  consulates,  leaving  no 
legal  representative,  or  partner  in  trade,  to  take  care  of 
their  efiects.  They  receive  the  registers,  sea  letters,  or 
passports,  of  masters  of  United  States'  vessels  arriving 
at  the  port  \vhere  they  reside.  Their  l>usin<>?s  is  to  ren- 
der any  assistance  which  inerchanto  or  ship  masters  of 
their  own  country  may  need ;  and  they  grant  all  certifi- 
cates required  by  commercial  regaiations,  or  by  treaty, 
(-'onsuis  are  cither  paid  a  salary,  or  depend  on  fees  fixed 
by  law,  for  each  of  the  several  duties  they  are  required 
to  perform. 


Where  do  tliev  reside?  Wliat  are  their  diitio^?  What  are  tlie  names 
of  the  difterent  foreii^n  a?ent.»;  of  the  Umted  Htales?  VVhiit  arefJie 
(Ivities  of  a  mmisier?  Ol  a  charges  des  ariaire.s?  What  are  ihcir 
rerijieotive  salaries?  218.  Wiiai  are  the  dunes  of  a  coubUiV  Wuat 
is  his  salary? 


Oh&p.  IX  OF  THE  JODICIAL  POWEE.  97 

CHAPTER    IX. 

Of  the  Judicial  Poioer. 

219.  The  judicial  power  is  that  branch  ol  the  govern- 
aient,  to  which  the  administration  of  justice,  and  tho 
interpretation  of  the  constitution  and  the  laws,  are  en- 
trusted; and  no  government  can  be  complete,  without 
■ouch  a  distinct  and  independent  department.  Without 
this  power,  a  constitution  could  not  be  carried  into  effect; 
and  yet,  to  vest  the  power  of  interpreting  and  applying 
the  laws,  together  with  the  power  of  making  and  execu- 
ting them,  in  a  single  man,  or  body  of  men,  Avould  con- 
stitute an  absolute  despotism,  subject  to  no  restraint  but 
that  of  brute  forcR. 

220.  The  constitution  declares,  that  "the  judicial  power 
of  the  United  States  shall  be  vested  in  one  supreme  court, 
and  in  such  inferior  courts,  as  congress  may,  from  time 
to  lime,  ordain  and  establish.  The  judges  both  of  the 
supreme  and  inferior  courts,  gha!  I  hold  their  offices  during 
good  behavior  ;  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office." 

221.  In  organizing  the  judicial  department,  it  was 
deemed  of  the  first  importance  to  render  the  judges  inde- 
pendent. To  secure  this  object,  provision  has  been  made, 
'(1,)  in  the  mode  prescribed  in  the  constitution  for  their 
■appointment.  To  fulfil  the  duties  of  the  judicial  office, 
men  should  be  selected  of  the  most  inflexible  justice,  who 
<-ould  not  be  swerved  from  a  faithful  discharge  of  their 
duties,  by  considerations  of  fear  or  fiivor.  But  as  the 
■qualities  requisite  for  this  office  are  not  the  most  popular, 
■men  possessing  these  qualities,  would  probably  too  often 


219.  What  is  meant  hj  the  judicial  povjcr  of  ilie.  govbrnmentt 
V/hy  IS  this  power  necessary?  '  220.  Wherein  is  the  supreme  court 
Tested!  WJiat  are  the  constitutional  provisions  for  the  term  of 
•ollice,  anil  compensation,  of  the  judges?  221.  What  is  pariicularl/ 
amporiant  in  consliiuliiig  a  judiciary  ?     What  provisions  are  xqaAq 

G 


98  GOVERNMENT  OF  THE   U.   STATES,  Part  III 

fail  to  secure  an  election  resting  on  universal  suffrage.. 
Their  appointment  was  therefore  vested  in  the  executive 
and  the  senate.  The  independence  of  the  judges  is  se- 
cured, (2.)  by  the  duration  of  their  offices;  which  is,  in 
effect,  for  lile,  unless  sooner  removed  on  impeachment  for 
official  delinquency.  This  is  esteemed  one  of  the  most 
valuable  of  modern  improvements  in  the  practice  of  gov- 
ernment. And  (3.)  the  permanent  provision  for  their 
support  is  calculated  to  secure  an  independent  judiciary. 
Without  such  a  provision,  the  fittest  and  most  learned 
men  would  not  relinquish  lucrative  professional  pursuits, 
for  a  station  in  the  government,  for  the  labors  of  which  a 
liberal  and  permanent  compensation  was  not  provided. 

22.2.  To  ensure  a  just  performance  of  their  duties,  they 
are  made  amenable  for  any  corrupt  violation  of  their  trust; 
and,  on  impeachment,  they  may  be  removed  from  office, 
and  disqualified  from  holding  any  office  whatever,  und«r 
the  government  of  the  United  States. 

223.  The  judicial  power  extends  to  all  c^ses  in  law 
and  equity,  arising  under  the  constitution,  the  laws  of  the 
United  States,  and  treaties  made  under  their  authority  ; 
to  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls;  to  all  cases  of  admiralty  and  maritimejuris- 
diction;  to  controversies  to  which  tl^e  United  States  is  a 
party;  to  controversies  between  two  or  more  states; 
between  a  state  and  citizens  of  another  state;  between 
citizens  of  different  states ;  between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  slates  ;  and 
between  a  state,  or  the  citizens  thereof,  and  foreign  states, 
citizens,  or  subjects. 

224.  The  propriety  and  fitness  of  these  judicial  powers, 
seem  to  result,  as  a  necessity,  from  the  union  of  the  states 
in  one  national  government;  for  without  them,  a  govern- 
ment could  not  long  exist.  They  ar^-  made  to  extend  "to 
all  cases  arising  under  the    constit'.icn,''   because  the 


by  tha  constitmion,  to  secure  the  indeperid;  i', :'  ofthe  judges?  Whn,( 
is  the  amjunt  of  their  salaries?  222.  Wha;  prevision  is  made  io 
ensure  a  just  performance  of  their  duties (  223.  To  what  cases 
does  the  judicial  power  extend?    234.   Why  might  act  the  staU» 


Chap.  IX.  OF  THE  JUDtCIAL  POWER.  99 

meaning  and  operation  of  a  compact  ought  always  to  be 
ascertained  by  an  authority  derived  from  all  the  parties, 
and  not  from  an  authority  derived  from  any  one  of  them. 
The  cases  here  enumerated,  are  evidently  of  national 
concern ;  and  the  exercise  of  the  judicial  power  by  any 
one  of  the  parties,  would  produce  confusion  and  mutual 
dissatisfaction,  and  disturb  the  peace  of  the  union. 

225.  The  organization  of  the  judiciary  was  provided 
for  by  the  judiciary  act  of  24th  September,  1789.  By 
this  act  were  constituted,  the  supreme  court,  and  courts 
of  inferior  grade,  called  circuit  courts,  and  district  courts. 

226.  The  suprejiie  court  consists  of  a  chief  justice,  and 
six  associate  justices,  any  four  of  whom  are  a  quorum. 
This  court  holds  annually,  at  the  city  of  Washington, 
one  session,  commencing  on  the  second  Monday  of 
January.  The  session  visually  continues  about  eight 
weeks. 

227.  The  constitution  provides  that,  in  all  cases  affect- 
mg  ambassadors,  other  public  ministers,  and  consuls,  and 
ihose  in  which  a  slate  shall  be  a  party,  the  supreme  court 
shall  have  original  jurisdiction.  In  all  other  cases 
before  mentioned,  the  supreme  court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  excep- 
tions, and  under  such  regulations,  as  the  cosfeess  shall 
make.  ■^'[\ 

228.  By  original  jurisdiction  in  any  c?.se,itt'is  ineant,,, 
that  such  case  may  originate,  or  commence,  and  be  tried.; 
in  this  court.  If  a  case  has  been  first  tried  in  an  inferior* 
court,  and  a  party  be  not  satisfied  with  the  decision  of  the 
court,  such  party  may  appeal  to  the  supreme  court  for 
trial.  In  such  trial,  this  court  is  said  to  have  appellate 
jurisdiction.  The  grant  of  original  jurisdiction  to  this 
court  does  not  imply,  however,  that  it  has  exclusive  jnns- 
diction.  It  has  original  jurisdiction  in  no  other  cases 
than  those  mentioned  in  the  constitution.     Its  principal 


courts  exercise  these  powers?  225.  When  was  the  judiciary  organ- 
ized? 22S.  Of  what  officers  is  the  supreme  court  composed?  Where 
and  when  is  its  annual  session  held?  227.  In  what  ca^es  has  this 
eourt  jurisdiction?    228.  What  is  meant  by  on^rao^  jurisdiclicn^ 


100  GOVERNMENT  OF  THE  U.  STATES,        Part  III. 

business  is  to  re-judge  cases  that  are  brought  irom  this 
«ircuit  courts. 

229.  When  the  constitution  or  laws  of  the  United 
Stales  come  in  question,  in  the  highest  court  in  a  state, 
and  are  there  judged  of,  a  writ  of  error  may  be  brought, 
whereby  a  case  is  transferred  to  the  supreme  court ;  and 
the  decision  of  the  state  court  may  be  approved  or  rever- 
sed. This  provision  is  an  essential  one,  that  the  consti- 
tution and  laws  of  the  union  may  be  finally  judged  of  by 
one  tribunal,  and  that  there  may  not  be  discordant  judg- 
ments in  like  matters.  By  v/rit  of  error,  nothing  is 
removed  for  re-examintion  but  the  law  in  the  case ;  by 
appeal,  the  whole  cause  is  entirely  removed,  and  all  the 
facts  are  submitted  for  a  re-hearing. 

230.  The  United  States  are  divided  into  seven  circuits, 
in  each  of  which,  two  courts  are  annually  held.  A 
circuit  court  is  composed  of  the  judge  of  the  supreme 
court,  residing  within  such  circuit,  and  the  judge  of  the 
district  wherein  the  court  is  held.  The  seven  judges  of 
{he  supreme  court  are  so  located  as  to  bring  one  of  them 
in  each  of  the  several  circuits. 

231.  This  court  tries  causes  between  citizens  of  differ- 
ent states,  between  aliens  and  citizens,  and  those  wherein 
the  United  "States  Is  a  party.  It  also  tries  some  cases  in 
appeal  from  the  district  courts.  It  sits  in  four  different 
capacities:  (I.)  as  a  court  of  common  law;  (2.)  as  a  court 
of  equity,  otherwise  termed  a  court  of  chancery,  in  which 
there  is" no  trial  by  jury ;  but  the  one  party  slates  his 
complaint  in  a  bill  of  equity,  and  the  other  defends  in  a 
written  answer.  This  is  one  of  the  few  cases  in  the  ad- 
ministration of  justice,  wherein  what  a  party  says  for 
himself  is  evidence  :  (3.)  as  a  maritime  court,  trying  mat- 
ters relating  to  aftairs  on  the  high  seas.      In  time  of  war 


By  ap'iKUate  jurisdiction?  What  is  ctcZmsiw  jurisdiction'?  229.  How 
are  cases  removed  10  this  couri?  What  isthe  difibrence  between 
cases  remjved  by  writ  of  error,  and  those  removed  by  api)eal? 
230.  Into  how  manv  circuii  districts  are  the  United  S:ates  divided? 
How  are  the  cii  <:\ni  court.;  constituted?  231.  What  ca-^es  are  tried 
in  this  court?  In  what  difierent  capacities  does  thii  court  sit?  What 


Chap.   IX.  OF  THE  JUDICIAL  POWBll.  101 

it  tries  all  cases  of  prizes  on  appeal  from  district  courts^ 
and  condemns  the  property  captured:  and  (4.)  as  a  court 
for  the  punishment  of  crimes  against  the  laws  of  the 
United  States.  It  has  a  gfrand  jury  and  a  petit  jury.  It 
tries  all  felonies  punishable  with  death, as  murders  in  forts 
and  arsenals,  and  other  territory  ceded  by  the  states  to  the 
United  States  for  national  uses,  and  on  board  ships  of 
war  in  time  of  peace,  and  when  not  within  the  body  of  a 
county,  or  within  a  harbor. 

23".^.  Dlstrici  coiijTts  are  the  lowest  national  courts  in  the 
United  States.  Every  state  in  the  union,  constitutes  at 
least  one  district:  in  a  few  of  the  larger  states,  there  are 
two.  In  each  of  these  there  is  a  district  judge.  His 
powers  relate  to  cases  arising  under  the  laws  made  for 
the  collection  of  duties,  to  seizures  of  goods,  to  penalties 
and  forfeitures  under  the  laws  of  the  United  States,  to 
matters  in  which  aliens  and  foreign  consuls  are  parties; 
and  to  crimes  of  inferior  grade  against  the  laws  of  the 
United  States,  whether  on  land  or  sea.  In  every  district 
there  is  a  di<^trict  attorney,  who  institutes  and  conducts 
suits  for  ths  U.iited  States;  and  a  ma,rshcbl,  whose  duty 
is  similar  to  that  of  a  sheriff  These  courts  hold  annu- 
ally four  stated  terms. 

233.  The  constitution,  and  the  laws  of  the  United 
States,  made  in  pursuance  thereof,  and  all  treaties  made, 
or  which  shall  be  made  under  the  authority  of  the  United 
States,  are  declared  by  the  constitution,  to  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  state  are  bouivl 
thereby,  any  thing  in  the  constitution  or  laws  of  any  state 
to  the  contrary  notwithstanding. 

234.  This  declaration  seemed  necessary  to  remove  all 
doubt  or  ground  of  dispute,  as  to  the  superiority  of  the 
constitution  and  laws,  and  treaties  of  the  United  States, 
when  they  should  be  found  to  interfere  with  those  of  any 
state;  and  it  necessarily  belongs  to  the  judicial  power, 


is  an  equity  court?  What  is  a  maritime conxi'\  232.  How  are  dis- 
trict courts  conslituie !?  What  cases  are  tried  by  the  district  jtidgesl 
What  olher  officers  are  appointed  in  the  several  districts?  233.  W  hat 
4oo3  the  constituiion  decla-re  respecting  its  supremacy?    234.  Why 


102  GOVERNMENT  OF  THE  V.  STATES.  Part  III. 

whenever  a  case  arises  judicially,  to  determine  what  is 
the  supreme  law  of  the  land.  The  determination  of  the 
supreme  court  must  be  final  and  conclusive,  as  the  power 
is  given  to  that  tribunal  to  decide  in  all  cases,  and  a« 
there  is  no  appeal  from  its  decision. 


CHAPTER  X 

Powers  of  Congress. — Revenue — Taxes,  Duties,  <SfC. 

235.  By  revenue  is  understood  the  annual  income  of  a 
nation,  or  those  contributions  to  its  treasury  which  are 
levied  to  defray  the  expenses  of  government.  The 
money  required  for  this  purpose  is  usually  raised  by  tax- 
ation. The  constitution  therefore  authorizes  congress 
"  to  lay  and  collect  taxes,  duties,  imposts  and  excises,  to 
pay  the  debts,  and  provide  for  the  common  defence  and 
general  welfare."  It  was  necessary  that  congress  should 
possess  this  power,  as  no  government  can  be  supported 
without  the  means  of  procuring  an  adequate  supply  of 
revenue. 

236.  Taxes  are  that  portion  of  the  property  of  its  sub- 
jects, which  a  government  exacts  from  them  to  supply 
the  public  necessities.  These  are  called  direct  taxes,  and 
are  either  taxes  on  land,  or  capitation  or  poll  taxes.  The 
treasury  of  the  United  States  has  been  several  times  sup- 
plied by  tax  on  landed  propert3^  But  it  is  many  years 
since  direct  taxes  were  resorted  to.  The  income  derived 
from  duties  on  importations,  from  the  sales  of  public  lands, 
and  from  the  post  oflice,  has  proved  sufficient  to  pay  all 
the  charges  of  the  government,  and  to  diminish  rapidly 
the  public  debt. 

•was  this  declaration  necessarj'?     To -what  tribunal  are  quest  ions 
submitted  lor  final  decision? 

235.  What  is  rerennr.?  What  branch  of  the  government  has  pow- 
er to  raise  revenue?  236.  What  aretozcs?  From  what  sources  is  the 


Chap.   X.  OF  THE  REVENUE.  103 

237.  Duties  on  imported  goods,  iiowever,  constitute  the 
chief  portion  of  the  revenue.  They  are  called  indirect 
taxes,  because  they  are  not  directly  levied  upon  property, 
but  they  merely  affect  the  expense  or  consumption  of 
goods.  Duties,  customs,  excises  and  imposts,  are  words 
of  nearly  the  same  meaning.  They  are  laid  on  imports 
and  tonnage. 

238.  Imports  are  articles  brought  into  a  country  from  a 
foreign  place.  A  dut7/  on  imports  is  not  merely  a  tax  on 
the  act  of  importation,  but  an  impost  on  the  article  impor- 
ted. Duties  are  either  specific  or  ad  valorem.  A  specifis 
duty  is  a  tax  of  a  certain,  specified  amount,  laid  upon  an 
article  by  weight  or  measure,  or  in  the  gross.  Thus,  a 
duty  of  ten  cents  on  a  pound  of  tea,  or  fifty  cents  on  a 
yard  of  cloth,  is  called  a  specific  duty.  Ad  valorem,  is 
a  Latin  phrase,  signifying  according  to  the  value.  Ad 
valorem  duties  are  therefore  such  as  bear  a  certain  pro- 
portion to  the  value  of  the  goods.  A  duty  of  fifty  per 
cent.,  that  is,  at  the  rate  of  fifty  cents  on  every  dollar,  or 
fifty  dollars  on  every  hundred  dollars,  of  the  cost  or  esti- 
mated value  of  goods,  is  an  ad  valorem  duty.  Thus,  if 
a  yard  of  cloth,  valued  at  one  dollar,  were  subject  to  a 
duty  of  fifty  per  cent.,  such  duty  would  be  fifty  cents  a 
yard  ;  if  the  value  of  the  cloth  we-re  two  dollars,  the  duty 
at  the  same. rate  would  be  one  dollar  a  yard,  the  amount 
of  duty  on  the  yard  varying  according  to  the  value  of  the 
article. 

239.  Tonnage  is  the  amount  of  goods  that  a  ship  will 
carry  ;  the  contents  or  burthen  of  a  ship  ;  or  the  amount 
of  weight  she  may  carry.  The  duty  charged  on  ships 
according  to  their  burthen,  or  the  number  of  ions  at 
which  they  are  rated,  is  called  tonnage  duty.  These 
duties  are  usually  fixed  by  congress. 

240.  By  acts  of  1790  and  1817,  vessels  of  the  United 
States,  when  entered  in  the  United  States  from  a  foreign 
port  or  place,  are  made  subject  to  a  duty  of  six  cents  a 

revenue  derived?  237.  What  are  duties?  On  what  are  they  laidt 
S38.  What  are  imports?  What  is  a  specific  duty?  What  e^re  ad  va- 
lurem  daUes?     23 J.  V/hat  is  meant  by  tonnage?    Tonnage  dniyl 


104  GOVERNBrENT  OF  THE  I'.  STATES.  Part  UL 

ton;  but  if  the  officers,  and  two  thirds  at  least  of  the  crew 
of  a  vessel,  be  not  citizens  of  the  United  States,  there  shall 
be  paid  on  such  vessel  fifty  cents  a  ton.  On  every  such 
vessel,  entered  in  a  district  in  one  state,  from  a  district  in 
another  state,  the  duty  is  six  cents;  but  unless  three 
fourths  of  the  crew  be  American  citizens,  fifty  cents  a  ton 
shall  be  paid.  But  the  law  imposes  a  higher  duty  on 
foreign  than  on  American  vessels.  The  above  acts  pro- 
vide that  on  vessels  built  within  the  United  States,  but 
which  belong  wholly  or  in  part  to  subjects  of  foreign 
powers,  a  duty  of  thirty  cents  a  ton  shall  be  paid  ;  on 
other  vessels,  fifty  cents  a  ton.  On  foreign  vessels,  entered 
in  the  United  States  from  a  foreign  port  at  which  Ameri- 
can vessels  are  not  ordinarily  permitted  to  trade,  there 
shall  be  paid  a  duty  of  two  dollars  a  ton.  Duties  imposed 
on  the  tonnage  of  vessels,  must  in  all  cases  be  paid  to  the 
collector  at  the  time  of  making  entry,  and  before  any 
goods  m_ay  be  unladen. 

241.  A  drawback  is  an  allovvanec  made  to  importing 
merchants  on  the  re-exportation  of  certain  goods.  This 
allowance  consists  either  of  the  whole  or  a  part  of  the 
duties  which  had  been  paid  upon  the  importation.  In 
England,  the  practice  prevails,  to  some  extent,  of  allowing 
the  merchant  who  imports  a  commodity  which  he  may 
wish  to  export  again,  to  deposit  it  in  the  public  warehou- 
ses, giving  a  bond  (or  the  payment  of  the  duties  should 
he  dispose  of  it  for  home  consumption.  This  is  called 
bonding.  In  the  United  States,  a  drawback  is  allowed  on 
all  such  goods  as  shall  be  reexported  to  a  foreign  place, 
v/ithin  twelve  months  after  the  duties  on  the  importation 
shall  have  been  paid,  or  security  given  for  the  payment 
of  the  Sams:  provided  the  exportation  be  made  by  the 
sea,  in  vessels  of  not  less  than  thirty  tons  burthen. 

242  No  drawback  may  be  allowed  on  goods,  unle.ss 
the  duties  thereon  amount  to  fifty  dollars,  nor  unless  they 


2t0.  Wiia!  is  the  amount  of  duty  per  ton,  on  foreign  and  domestic 
toiiiiage,  rcspec.i  .'ely!    241.  What  is  raea,n\.  by  drau-brrdc?     What 

Eracac3  [irevails  in  England?     2'13.  In  what  ca-ses  only  are  di&w- 
acks  allowed.     What  is  a  debenture? 


Chap.  XI.  OF  THE  RKVENCB,  !0§- 

be  exported  in  the  original  packages  in  which  they  wera 
imported.  For  all  goods  entitled  to  drawback,  the  ex- 
porter receives  from  the  collector  a  debenture  for  the 
amount  of  the  drawback  to  which  the  goods  are  entitled. 
A  debenture  is  a  certificate  stating  the  sum  due  to  the 
exporter  for  the  drawback  of  duties.  It  is  made  payable 
at  the  time  when  the  duties  on  the  goods  shall  become 
due ;  and  the  collector  shall  discharge  the  debenture  out 
of  the  products  of  the  duties  arising  on  the  importaiiua. 
of  the  goods. 


CHAPTER  XI. 

Revenue — continued. — Collection  of  the  Customs. 

243.  For  the  collection  of  customs,  there  is  appointed  m 
every  district  of  the  United  States,  a  collector,  whose  duty 
it  is  to  receive,  at  the  port  within  his  district,  all  reports, 
manifests  and  documents  to  be  made  or  exhibited  on  the 
entry  of  any  vessel,  to  record  all  manifests,  and  to  receive 
the  entries  of  all  vessels,  and  the  goods  imported  in  them. 
He  is  also  required  to  estimate  the  duties,  to  receive  all 
moneys  paid  for  duties,  and  to  take  bonds  for  securing  the 
payment  thereof  He  grants  all  permits  for  the  unlading 
and  delivery  of  goods ;  and,  with  the  approbation  of  th» 
principal  officer  of  the  treasury,  he  employs  proper  per- 
sons as  weighers,  measurers,  gangers  and  inspectors  at 
the  several  ports  within  his  district,  and  provides  store- 
houses, scales,  weights  and  measures. 

244.  There  are  appointed,  at  ports  where  it  may  b« 
necessary,  also  a  naval  officer  and  surveyor.  It  is  the 
duty  of  a  naval  officer  to  receive  copies  of  all  manifests 
and  entries,  and,  with  the  collector,  to  estimate  the  dutie« 


243.  What  are  tbr;  duties  of  a  collector  of  the  customs?     ?41 
What  axe  the  duties  requiretl  of  a  naval  ofhcerl    Of  a  survaycwt 


106  GOVERNMENT  OF  THE  U.   STATES,  Part  III, 

on  goods,  and  to  keep  a  record  thereof.  He  countersign* 
all  permits,  certificates,  clearances,  debentures,  and  other 
documents  granted  by  the  collector;  examines  the  collec- 
tor's abstracts  of  duties,  and  other  accounts  of  receipts, 
bonds  and  expenditures;  and,  if  found  correct,  he  certifies 
them.  The  surveyor  superintends  and  directs  the  inspec- 
tors, weighers,  measurers  and  gangers  within  his  port. 
He  visits  and  inspects  the  vessels  that  arrive,  and  makes  a 
return  in  writing,  every  morning  to  the  collector  of  vessels 
arrived  the  preceding  day.  He  is  in  all  cases  subject  to 
the  direction  of  the  collector. 

245.  In  each  of  the  ports  at  Boston,  New  York,  Phil- 
adelphia, Baltimore,  Charleston,  Savannah  and  New 
Orleans,  two  appraisers  are  appointed,  to  inspect  and  ap- 
praise such  goods  as  the  collector  may  direct,  and  whenever 
that  duty  shall  be  required  by  any  acts  relative  to  imports 
and  tonnage. 

246.  The  collector,  naval  officer,  surveyor  and  apprais- 
ers, are  appointed  by  the  president  and  senate ;  all  of 
vsfhom  but  the  last  named  are  required  to  give  bonds,  with 
sureties,  for  the  faithful  performance  of  their  duties. 

247.  The  compensation  of  appraisers  is  $1500  a  year, 
each;  excepting  those  for  the  port  of  New  York,  who 
receive  $2000  each.  The  collectors,  naval  ofiicers  and 
surveyors  receive  specific  fees  for  the  several  acts  and 
duties  they  perform.  But  whenever  the  emoluments  of 
a  collector  of  the  ports  above  named  exceed  four  thousand 
dollars  a  year,  of  a  naA-al  officer  three  thousand  dollars, 
and  of  a  surveyor  two  thousand  five  hundred  dollars, 
besides  the  necessary  expenses  incident  to  their  offices, 
the  excess  shall  be  paid  into  the  treasury  of  the  United 
States.  And  whenever  the  emoluments  of  any  other 
collector  exceed  three  thousand  dollars,  of  any  other  naval 
officer  two  thousand  five  hundred  dollars,  or  of  any  other 
surveyor  two  thousand  dollars  a  year,  besides  expenses, 
the  excess  is  paid  into  the  treasury. 


S-i-S.  In  what  ports  are  appraisers  appointed?  What  aro.  their  dutiesT 
2-J').  IIow  are  officers  of  "the  custoriis  appointed?  247.  What  is  theii 


Chap.  XI.  OF  THE  REVENUE.  107 

248.  The  master  or  captain  of  every  vessel  belong-ing- 
to  citizens  of  tlie  United  States,  in  which  goods  are  im- 
ported, shall  have  on  board  a  manifest,  which  is  a  writing 
signed  by  himself,  stating  the  name  of  the  place  where 
the  goods  were  taken  on  board,  and  of  the  place  to  which 
they  are  consigned ;  the  name,  description  and  tonnage 
of  the  vessel,  and  the  place  to  which  she  belongs ;  the 
name  of  each  owner  and  her  master ;  with  a  particular 
account  of  all  the  goods  on  board.  It  contains  also  the 
names  of  the  persons  diat  send  the  goods,  who  are  called 
conxignors,  and  the  names  of  the  persons  to  Avhom  the 
goods  are  sent,  who  are  called  coRsignees.  After  the 
report  of  the  master  of  the  vessel  to  the  collector  is  made, 
the  owner  or  consignee  of  the  goods  makes  an  entry  of 
the  same,  in  writing,  with  the  collector,  specifying  the 
names  of  the  vessel  and  master,  the  place  whence  the 
goods  were  imported,  the  marks,  numbers,  denomination 
and  prime  cost  of  the  same ;  and  swearing  to  the  truth 
of  his  statement,  and  its  conformity  to  the  manifest. 
When  the  amount  of  duties  is  ascertained,  the  consignees 
pay  the  same,  or  give  bonds  with  sureties  for  the  payment 
of  them,  at  a  certain  time  afterwards.  The  collector  then 
grants  a  written  permit  for  the  unloading  and  delivery  of 
the  goods. 

219.  To  secure  the  collection  of  duties,  congress  has 
made  provision,  by  the  imposition  of  heavy  fines  and  pen- 
alties for  the  violation  of  the  revenue  laws,  and  by  au- 
thorizingofficers  of  the  customs  to  seize  and  search  vessels 
that  may  be  suspected  to  contain  goods  subject  to  duty, 
the  payment  of  which  is  designed  to  be  evaded.  The 
getting  of  goods  on  shore  secretly,  without  paying  the 
duties,  is  called  smuggling.  In  cases  of  smuggling,  and 
in  some  other  cases  of  frauds  on  the  customs,  all  the  goods 
are  forfeited,  and  become  the  property  of  the  United 
States. 


compensaiion?  248.  What  is  a  manifest?  Who  are  consignors? 
Who  are  consignees?  Wliat  is  an  cnlrij?  A  permit?  249.  What  pro- 
visions are  made  forserurinj<  the  collection  of  the  revenue?  What 
u>  smuggling?    250.    What  further  provision  is  made  for  securing 


108  GOVERNMENT  OF  THE  U.  STATE8,       Part  IFI- 

250.  Further  provision  has  been  made  to  collect  th« 
duties,  by  authorizing  the  president  to  cause  to  be  built 
and  equipped  so  many  revenue  cutters,  not  exceeding 
twelve,  as  may  be  necessary  to  protect  the  rex-enue.  A 
revenue  cuMp.r  is  a  small,  fist  sailing  vessel  used  for  ap- 
prehending smugglers,  and  for  boarding  vessels  supposed 
to  contain  contraband  good^.  The  collectors  of  the  res- 
pective districts  also  may,  with  the  approbation  of  ths 
secretary  of  the  treasury,  provide  small  open  row  and 
sail  boats  to  be  used  by  surveyors  and  inspectors,  to  ena- 
ble them  to  go  on  board  of  vessels,  and  otherwise  to  detect 
frauds.  All  penalties  accruing  by  breaches  of  the  reve- 
nue laws,  must  be  sued  for  in  the  name  of  the  United 
States  of  America,  in  courts  of  the  United  States  having 
jurisdiction  in  such  cases. 

251.  The  whole  revenue  of  the  United  States  in  1833. 
from  all  sources,  as  appears  from  the  annual  report  of  the 
secretary  of  the  treasury,  was  as  follows  :  From  customs, 
§29,032,508  91;  lands, '^3,967,(382  55;  dividends  on  bank 
stock,  $474,985;  sales  of  bank  stock,  $135,300;  inciden- 
tal items,  $337,949  79;  total,  $33,948,426  25,  Th» 
amount  exceeds  that  of  any  former  or  subsequent  yea». 


CHAPTER  XII. 

Public  Expenditures. 

252.  In  connexion  with  the  power  to  lay  and  collecttaxee, 
duties,  imposts  and  excises,  congress  has  the  power  "  to 
borrow  money  on  the  credit  of  the  United  States,"  a* 
equally  requisite  to  pay  the  debts,  and  provide  for  th« 
common  defence  and  general  welfare. 


the  collection  of  'he  revenue?  What  is  a  revemic  cntter?  251.  What 
was  the  amouncof  the  nacional  revenue  in  i8.'53? 
<{52j  253.  What  power  with  ihal  ol"  levying  and  collecting  taxo«». 


Chap.  XII.  PUBLIC  EXPENDITUnES.  109 

253.  A  power  of  taxation  of  some  kind  or  other  must 
be  possessed  by  every  government,  to  enable  it  to  provide 
for  paying  the  crrdinary  expenses  of  its  administration; 
and  the  power  to  borrow  money  is  sometimes  indispensa- 
ble for  national  defence,  and  other  purposes  for  which  tho 
revenue  of  the  country  may  prove  to  be  inadequate. 

254.  The  purpose  for  which  congress  has  found  it 
especially  necessary  to  exercise  the  power  of  borrowing 
money,  Avas  the  payment  of  the  public  debt.  By  tht-  arti- 
cles of  confederaiion,  the  government  adopted  the  public 
debt  previously  contracted  to  support  the  war  ;  and  the 
sixth  article  of  the  present  constitution,  imposes  on  the 
United  States  all  debts  contracted  before  its  adoption. 

255.  The  whole  amount  of  public  debt  existing  at  tho 
thne  the  constitution  was  adopted,  was  nearly  $80,000,000. 
A  tax  upon  individual  property  to  liquidate  so  large  a 
•debt,  would  have  been  at  that  time  extremely  burdensome 
and  oppressive  to  the  citizens.  Provision  was  therefore 
made  in  the  constitution,  authorizing  congress  to  borrow 
money  for  this  purpose,  and  to  pledge  the  credit  of  the 
United  States  for  its  payment.  By  this  means,  together 
with  such  portion  of  the  revenue  arising  fi'om  duties  on 
imports  and  tonnage,  as  was  not  required  for  the  support 
of  the  government,  and  the  proceeds  of  sales  of  public 
lands,  congress  has  been  enabled  so  to  control  the  public 
debt  as  to  prevent,  almost  entirely,  the  necessity  of  a 
recourse  to  direct  taxation. 

256.  The  manner  in  which  the  govei'nment  borrov/s 
money,  is  as  follows:  ^ 

When  money  is  wanted  to  pay  a  debt,  congress  passes 
an  act,  authorizing  the  secretary  of  the  treasury,  or  other 
person,  to  borrow  the  money,  and  to  make  the  United 
States  debtor  for  the  same.  The  act  states  the  amount  to 
be  borrowed,  the  time  when  it  is  to  be  paid,  and  the  rate 
of  interest.     Persons  who  wish  to  lend  money,  thensub- 


■lias  congress  to  pay  debts,  &c.?  254.  For  what  purpose  has  this 
poorer  been  found  especially  necessarv!  255.  What  v/as  the 
•amount  of  the  public  debt  when  :he  con'stituiion  wcis  adopted?  By 
•*diat  means,  principally,  has  the  debt  been  paid?     256.   Id    what 


110  GOVERNMENT  OP  THE  t;.  STATES.  Part  III- 

scribe,  in  books  opened  for  that  purpose,  the  sums  they 
will  respectively  lend ;  and  for  the  sums  so  subscribed 
and  lent,  certificates  are  given  by  the  agent  of  the  gov- 
ernment, stating  the  amount  for  which  the  United  States 
are  indebted.  The  debt  so  contracted,  and  for  which  the 
certificates  are  thus  given,  are  called  slocks.  To  persons 
having  these  certificates,  the  government  pays,  quarterly, 
the  interest  that  accrues  on  them  at  the  rate  expressed  in 
the  act.  These  certificates  are  often  bought  by  persona 
10  sell  again.  When  they  are  sold  at  a  price  equal  to  the 
amount  expressed  in  them,  stocks  are  said  to  be  at  par. 
If  their  market  price  be  higher  or  lower  than  their  nomi- 
nal value,  they  are  said  to  be  above  or  below  par. 

257.  During  the  late  war,  provision  was  made  for  bor- 
rowing money,  by  an  act  which  authorized  the  issuing  o{ 
notes  by  the  treasury,  bearing  interest  at  six  per  cent. 
These  notes  were  receivable  by  the  government  in  pay- 
ment for  taxes,  duties,  public  lands,  &-c. 

258.  By  the  purchase  of  Louisiana,  in  1803,  and  the 
expenses  of  the  late  war,  the  public  debt  was  increased  to 
more  than  $127,000,000.  One  of  the  means  adopted  to 
liquidate  the  public  debt,  was  the  creation,  at  an  early 
period,  of  a  sinking  fund.  Sinking  fund  signifies  that 
part  of  the  national  revenue  ■which  is  set  aside  for  the 
national  debt.  Additional  j'carly  appropriations  were 
made,  from  time  to  time,  until,  in  consequence  of  the 
augmentation  of  the  public  debt,  by  the  Louisiana  stock. 
it  became  necessary  to  increase  them  to  $8,000,000. 

259.  By  the  act  of  1817,  so  much  of  all  former  acts  as 
related  to  appropriations  for  the  purchase  of  the  principal, 
and  payment  of  the  interest  of  the  funded  debt,  was  re- 
pealed;  and  a  yearly  appropriation  of  Si 0,000,000,  ari- 
sing from  duties  on  imports  and  tonnage,  internal  duties, 
and  from  sales  of  public  lands,  was  nitidc,  for  the  reduc- 


manner  does  the  government  borrow  money?  What  are  stock!^ 
857.  What  provision  was  made  during  the  ia'c  war  for  borrowiDg 
money?  5^58.  What  was  the  amount  of  public  debt  at  the  close  of 
the  late  war?  What  means  were  adopted  for  its  payraent?  What  is 
&  sinking  fiind?  -259.  What  were  the  provisions  of  the  act  of  18171 


•4Kf' 


Chap.  XII.  PUBLIC  EXPEKDlTtRES.  lit 

tion  of  the  public  debt.  By  the  application  of  this  amount 
every  year,  together  with  such  other  portion  of  the  yearly 
revenue  as  remained  after  paying  the  expenses  of  th« 

?;overnment,  the  national  debt  has  at  length  been  entirely 
iqu] dated. 

260.  The  follovring  table  exhibits  the  amount  of  public 
debt,  on  the  first  of  January,  in  each  year,  from  the  yeajf 
1791.  to  the  period  of  its  extinguishment: 


Year. 

Amount. 

Year. 

Amount. 

1791 

$75,463,476 

1814 

81,487,845 

1792 

77,227,924 

1815 

99,833,660 

1793 

80,352,634 

1816 

127,234,933 

1794 

78,427,404 

1817 

123,491,965 

1795 

80,352,934 

1818 

103,466,633 

1796 

83,762,172 

1819 

95,529,648 

1797 

82,064,479 

1820 

91,025,500 

1798 

79,228,529 

1821 

89,987.427 

1799 

78,408,669 

1822 

93,546,676 

1800 

82,976,294 

1823 

90,875,877 

1801 

83,038,050 

1824 

90,269,777 

1802 

80,712,632 

1825 

83.788,432 

1803 

77.054,686 

1826 

81,054,059 

1804 

86,427,120 

1827 

73,987,357 

1805 

82,312,150 

1828 

67,475,043 

1806 

72,723,270 

1829 

68,421.415 

1807 

69,218,398 

1830 

48,580,535 

1808 

65,196,317 

1831 

39,082,461 

1809 

57,023.192 

1832 

24,282,879 

1810 

53,173,217 

1833 

7,001,698 

1811 

48,005,587 

1834 

4;  722.260 

1812 

45,209,737 

1835 

0.000,000 

1813 

55,962,827 

261.  Only 

nine  years  a 

go,  our 

national  debt  was 

«^8 1,000,000. 

In  1816  the 

interest 

alone  amounted  to 

$7,000,000. 

In  1826,  to  al 

most  $4,000,000.  Since  the 

260.  What  was  the  national  debt  in  1791?     In  ISOO]    In  18127  In 
1816?  In  1825?  In  1835?    261.  What  amount  has  been  paid  withue 


112  eOVEllNMENT  OF  THK  O.   STATES.       Part  III 

beginning  of  that  year,  we  have  paid  off,  including  inter- 
est, very  nearly  $100,000,000,  over  and  above  the  current 
4Mpenses  of  the  government. 


CHAPTER   XIII. 
Of  Conmerct. 

862.  Commerce  signifies  a  mutual  change  of  goods, 
productions,  or  property  of  any  kind,  between  nations  or 
individuals,  either  by  barter,  or  by  purchase  and  sale 
When  we  speak  of  the  commerce  of  a  nation,  we  hav« 
reference  to  its  trade  with  other  nations. 

263.  Congress  has  power,  by  the  constitution,  "to  rog- 
tilate  commerce  with  foreign  nations,  and  among  tlie  sev- 
states,  and  with  the  Indian  tribes."  The  propriety  of 
vesting  this  power  in  congress  is  plain  :  its  exercise  by 
the  several  states  might  have  produced  a  diflerent  system 
in  each  state,  and  caused  mutual  jealousies,  rivalries  and 
■restrictions,  which  could  be  prevented  only  by  a  common 
•superior  power.  The  general  power  of  congress  to  reg- 
ulate commerce,  is  not  restricted  to  the  mere  buying  and 
selling,  or  exchanging  of  commodities;  but  it  extends  to 
navigation  by  vessels  exclusively  employed  in  transport- 
ing passengers,  and  to  every  species  of  commercial  inter- 
course with  foreign  nations,  and  among  the  several  states, 
«nd  with  the  Indian  tribes. 

264.  Navigation  is  the  art  or  practice  of  conducting  or 
carrying  a  ship  from  one  port  to  another  ,  and  implies 
whatever  relates  to  traversing  the  sea  in  ships.  In  pur- 
suance of  the  power  to  regulate  commerce,  congress  has 


the  last  nine  years?  262.  What  is  commcrc:?  203.  To  what  objects 
does  this  power  of  C0Dgre.s,s  extend?  Why  might  not  t]xe  .several 
•stales  exercise  thi.s  power?  264.  What  is  noxigahonl  By  what 
wltans  does  congress  encourage  domestic  navigation?    How  is  this 


Chap.  XIII.  OF    COMMERCE.  113 

enacted  laws  conferring  privileges  upon  ships  buiU  and 
owned  in  the  United  States,  in  order  to  encourage  domes- 
tic navigation.  This  is  done  by  imposing  higher  duties 
of  tonnage  ai-d  impost  upon  foreign  vessels,  and  goods 
imported  therein,  than  those  required  to  be  paid  upon 
vessels  of  the  United  States,  and  goods  imported  in  them. 
These  duties  are  called  discriminating  duties,  as  the  law 
discriminates,  or  makes  a  distinction  between  foreign  and 
domestic  navigation,  giving  a  preference  to  the  latter. 

26.5.  Vessels  of  ttae  United  States,  to  be  enthled  to  the 
privileges  enjoyed  by  such  ships  or  vessels,  must  be  re- 
gistered pursuant  to  the  laws  of  the  United  States.  After 
the  admeasurement  of  a  vessel  by  a  surveyor  to  ascertain 
her  tonnage,  the  collector,  records  or  registers  in  a  book 
kept  for  that  purpose,  the  names  of  the  vessel  and  the 
port  to  which  she  belongs,  her  burthen,  the  year,  and  the 
name  of  the  place  in  which  she  was  built.  A  certificate 
of  such  record  or  registry  is  then  given  by  the  collector 
of  the  district  to  the  owner  or  commander  of  the  vessel, 
who  is  required  to  give  a  bond  with  sureties,  that  the  cer- 
tificate of  such  registry  shall  be  used  only  for  the  vessel 
for  which  it  is  granted.  The  law  provides,  that  if  a  cer- 
tificate of  registry  be  fraudulently  used  for  any  vessel  not 
entitled  to  the  benefit  thereof,  such  vessel  shall  be  forfeited 
to  the  United  States. 

266.  The  master  of  a  vessel  departing  from  the  United 
Slates,  and  bound  to  a  foreign  port,  is  required  to  deliver 
to  the  collector  of  the  district,  a  manifest  of  all  the  cargo 
on  board,  and  its  value,  by  him  subscribed  and  sworn  to 
he  true ;  upon  which  the  collector  grants  a  clearance  for 
such  vessel.  A  clearance  is  a  certificate  stating  that  the 
commander  has  cleared  his  vessel  according  to  law. 

267.  Every  vessel  of  the  United  States  going  to  a  fo 
eign  country,  shall,  at  the  request  of  the  master,  be  -Car- 
nished  with  a  passport,  the  form  of  which  is  to  be  prepared 


privilege  conferred?  What  are  these  duties  called?  Why?  265.  How 
do  vessels  become  entitled  to  this  privilege?  How  arr-  ve.ssels  re- 
gistered ?  266.  What  must  a  master  of  a  vessel  do  i  v'  be  entitled  to 
a  clearance?     What  is  a  clearance?    Ji67,  What  is  required  of  ves- 

H 


114  GOVERNMENT  OF  TUB  I'.  STAGES.         Part  III 

by  the  secretary  of  state,  and  approved  by  the  president 
A  paxsport,  as  applied  to  navigation,  is  a  license  or  writing 
granted  by  the  proper  authority  of  a  country  to  navigate 
in  some  particular  sea  without  hinderance.  It  contains 
the  name  of  the  vessel  and  that  of  the  master,  her  tonnage 
and  the  number  of  her  crew,  certifying  that  she  belongs 
to  the  subjects  of  a  particular  state,  and  requiring  all 
persons  at  peace  with  that  state  to  suffer  her  to  proceed 
on  her  voyage  without  interruption.  A  passport  is  like- 
wise a  license  for  importing  or  exporting  goods  without 
paying  duties. 

268.  Passenger  A-essels  are  not  permitted  to  carry  a 
greater  number  of  passengers  tlian  two  for  every  five  tons 
of  their  burthen.  If  the  master  or  other  pt-TSon  on  board 
of  a  vessel  of  the  United  States,  sliali  Jake  on  board  at  a 
foreign  place,  or  bring  into  the  United  States ;  or  if  he 
rshall  transport  from  the  United  States  to  a  foreign  place, 
a  greater  number  of  passengers  than  two  for  every  five 
tons  of  such  vessel,  according  to  the  custom  house  meas- 
urement, he  shall  forfeh  and  pay  one  hundred  and  fiJty 
d»)llars  for  every  passenger  above  the  number  prescribed 
If  the  number  of  passengers  shall  exceed  such  number 
by  twenty,  the  vessel  shall  be  forfeited  to  the  United 
.States.  The  master  or  captain  of  a  vessel  is  required  to 
report  to  the  collector  a  list  or  manifest  of  all  the  pastien- 
gers,  designating  their  age,  sex  and  occupation ;  the 
country  to  which  they  belong,  and  of  which  they  inten4, 
to  become  residents ;  and  the  number,  if  any,  that  have 
died  on  the  voyage. 

209.  None  but  citizens  or  persons  of  color,  natives  of 
the  United  States,  may  be  employed  on  board  a  vessel  ot" 
the  United  States.  If  the  commajider  of  a  vessel  employ 
any  other  than  such  persons  on  board  his  vessel,  he  shall 
K)rfeit  and  pay  one  thousand  dollars  for  each  person  so 
ei\ployed ;  and  the   master  of  every  vessel  bound  to  a 


sel.s  (kporting  from  the  United  States?  What  is  a  pafsport?  What 
dues  il  c(JV;'ain?  268.  What  restrictions  are  ircposed  upon  pa-^sm- 
^"r  ve^;.sel^S  Wha!  penalty  or  forfei'iire  i.s  auiii^xed?  What  report 
J-N  (he  ma.slef  required  lu  make?    2€Li.  Whuipera^ns  oLiy  may  I- 


t^hap.  XIII.  OF  COMMERCE.  1 15 

foreign  place,  or  every  vessel  of  the  burthen  of  one  hun- 
dred and  fifty  tons  or  upwards,  bound  to  a  port  in  any 
other  than  an  adjoining  state,  is  required  to  make  a  writ- 
ten or  printed  agreement  with  every  seaman  or  mariner 
which  shall  be  employed  on  such  vessel. 

270.  Every  vessel  of  the  burthen  of  one  hundred  and 
fifty  tons  or  upwards,  navigated  by  one  or  more  persons, 
and'bound  on  a  voyage  beyond  the  limits  of  the  United 
States,  and  all  merchant  vessels  of  the  burthen  of  seventy 
five  tons  or  upwards,  navigated  by  six  persons  or  more, 
and  bound  to  the  West  Indies,  shall  be  provided  with  a 
chest  of  medicines  accompanied  by  directions  for  admin- 
istering the  same.  Vessels  crossing  the  Atlantic  ocean, 
shall  have  on  board  at  lea.st  sixty  gallons  of  water,  one 
hundred  pounds  of  salted  meat,  and  one  hundred  pounds 
of  wholesome  ship  bread,  for  each  person  on  board. 

271.  A  fund  is  provided  for  the  relief  of  sick  and  disa- 
bled seamen,  by  requiring  the  master  or  owner  of  every 
vessel  of  the  United  States,  before  such  vessel  shall  be 
admitted  to  entry,  to  pay  to  the  collector,  at  the  rate  of 
twenty  cents  a  month  for  every  seaman  employed  on 
board;  which  sum  he  may  retain  out  of  their  wages. 
The  fund  thus  provided,  is  administered  by  such  persons 
as  the  president  of  the  United  States  shall  appoint  for  the 
purpose. 

272.  The  register,  clearance  and  other  papers,  granted 
by  the  officers  of  the  customs  to  'a  foreign  vessel,  at  her 
departure  from  the  port  from  which  she  shall  have  arri- 
ved, shall,  previously  to  her  entry  in  a  port  of  the  United 
States,  be  produced  to  the  collector  with  whom  the  entry 
is  to  be  made.  And  it  is  the  duty  of  the  master,  within 
forty-eight  hours  after  such  entry,  to  deposite  such  papers 
with  the  consul  or  vice  consul  of  the  nation  to  which  the 
vessel  belongs ;  and  to  deliver  to  the  collector  the  certifi- 

employed  as  seamen  on  board  American  merchant  vessels?  270. 
What  regulations  are  made  for  the  support. of  persons  on  board 
ves.5els?  271.  How  are  sick  and  disabled  seamen  provided  for? 
How  is  this  fund  raised]  By  whom  administered?  272.  What  is 
required  of  foreign  vessels  previously  to  their  entry?  To  whom 
are  the  papers  delivered?  What  is  delivered  to -the  colVectorl  What 


116  GOVERNMENT  OF  THE  V.   STATES.         Part  tit 

rate  of  the  consul  or  vice  consul,  that  the  papers  have 
been  so  deposited.  Any  master  who  shall  fail  to  comply 
■vvith  this  regulation,  shall  be  fined  in  a  sum  not  less  than 
five  hundred,  and  not  exceeding  two  thousand,  dollars. 

273.  But  this  regulation  docs  not  extend  to  the  vessels 
of  foreign  nations,  in  whose  ports  American  consuls  are 
not  permitted  to  have  the  custody  of  the  register  and  other 
papers  of  vessels  entering  the  ports  of  such  nation.  No 
foreign  consul  may  deliver  to  the  master  of  any  foreign 
vessel,  the  register  and  other  papers  with  him,  until  the 
master  shall  produce  to  him  a  clearance  from  the  collec- 
tor of  the  port.  For  a  violation  of  this  law,  the  consul 
shall  be  fined  in  a  sum  not  less  than  five  hundred,  nor 
exceeding  five  thousand,  dollars. 

274.  Under  the  power  to  regulate  commerce  with  for- 
eign nations,  congress  may  pass  embargo  and  quarantine 
laws.  Embargo,  in  commerce,  means  a  stop  put  to  trade; 
or,  a  prohibition  of  state,  commonly  on  foreign  ships,  in 
time  of  w^ar,  to  prevent  their  going  out  of  port  or  coming 
in.  Before  the  war  of  1812,  a  law  of  this  kind  was 
passed,  (December,  1807.)  In  a  case  tried  in  the  district 
court  of  Massachusetts,  1808,  it  was  objected  that  the  act 
was  unconstitutional ;  that  congress  had  no  right,  under 
the  power  to  regulate  commerce,  thus  to  annihilate  it,  by 
interdicting  it  entirely  with  foreign  nations.  The  court 
decided  that  the  act  was  constitutional.  The  power  of 
congress  relative  to  commercial  intercourse,  is  sovereign, 
except  so  far  as  it  isqualifiedby  the  restrictions  expressed 
in  the  constitution. 

275.  Quarantine  signifies  the  time  during  which  a 
ship,  coming  from  a  port  suspected  of  contagion,  or  of 
havino-  contagious  sickness  on  board,  is  forbidden  to  have 
intercourse  with  the  place  where  she  arrives.  The  term 
is  said  to  be  derived  from  the  Italian  quarantina,  meaning 


is  the  penalty  for  neglect?  273.  What  ve&sels  are  exempt  from 
this  regnlaHon?  How  does  the  master  again  obtain  his  paperst 
To  what  penalty  is  the  consul  subject  for  a  violation  of  the  lawT 
274.  What  is  an  embargo?  When  was  an  embargo  law  passed^ 
Has  congress  power  to  pass  such  a  law?  275.  What  is  the  meaning 
of  quararUiiui?    By  what  authority  are  these  laws  enacted  in  thia 


Chap.  XIV.  OF  COMMERCE.  117 

a  space  of  forty  days,  that  being  originally  the  period 
fixed  for  detaining  ships  in  such  circumstances.  But  the 
time  now  varies  according  to  the  exigencies  of  the  case. 
Quarantines  are  required  by  the  health  laws  of  a  state  r 
and  congress  has  enacted  that  all  vessels,  whether  from 
a  foreign  port,  or  from  another  district  in  the  United 
States,  and  all  revenue  officers,  shall  be  subject  to  the 
health  law_  of  the  state  to  whose  ports  such  vessels  are 
bound.  And  the  president  may  direct  suitable  houses  to 
be  purchased  or  erected,  in  which  goods  may  be  landed 
from  vessels  subject  to  quarantine,  at  such  other  place  in 
the  state,  as  the  safety  of  the  revenue,  and  the  observance 
of  the  health  laws,  may  require. 


CHAPTER  XIV. 

Commerce — corUiimed. 


276.  The  power  "to  regulate  commerce,"  as  well  as 
ihe  power  "to  lay  and  collect  duties,  imposts  and  excises, 
lo  pay  the  debts  and  provide  for  the  common  defence  and 
general  welfare,"  has,  from  an  early  period  of  the  govern- 
ment, been  employed  in  laying  duties  for  the  purpose  of 
encouraging  and  protecting  articles  of  domestic  produce 
or  manufacture.  These  are  called  prottcting  duties,  as 
they  protect  or  defend  the  domestic  grower  or  manuILic- 
lurer  against  injury  from  foreign  competition. 

277.  Most  of  the  manufactured  goods  formerly  con- 
sumed in  this  country,  were  brought  from  abroad,  where, 
from  the  superior  advantages  which  older  countries  pos- 
sessed for  manufacturing,  could  they  be  procured  at  cheaper 
rates.     But  to  encourage  domestic  or  home  manufactures, 


country?     What  may  the  president  do  for  the  landing  of  goods 
from  vessels  under  quarantine'? 

27G.  Under  the  grant  of  what  power  are  protecting  duties  laid? 
Why  are  they  called  protecting  duties?     277.  What  is  the  object  of 


118  GOVERNMENT  OF  THE  U.  STATES.        Part  III, 

and  to  render  our  nation  independent  of  foreign  nations 
for  its  supplies,  the  policy  was  adopted  of  imposing  upon 
foreign  goods,  such  duties  as  would  make  their  cost 
equal  to  the  cost  of  similar  goods  manufactured  by  our 
own  ci;.izens;  and  thus  providing  for  the  latter  a  market 
at  home. 

278.  But  this  policy  has  always  received  much  oppo- 
sition. It  is  objected,  first,  that  the  constitution  does  not 
authorize  congress  to  lay  duties  except  for  purposes  of 
revenue.  The  right  of  congress  thus  to  protect  domestic 
industry,  is  inferred  from  the  power  "to  lay  duties  to 
provide  for  the  common  defence  and  general  welfare." 
The  term  "  general  welfare,"  if  it  be  allowed  its  share  in 
the  meaning  of  this  clause  of  the  constitution,  must  imply 
the  power  to  lay  duties  to  encourage  domestic  manu- 
factures; especially  as  ^.he  general  welfare  is  usually 
promoted  by  such  encouragement.  It  is  further  argued 
in  favor  of  this  power,  that  the  framers  of  the  constitu- 
tion, in  providing  for  the  regulation  of  commerce  among 
foreign  nations,  cannot  be  presumed  to  have  overlooked 
the  object  of  authorizing  congress  to  countervail  the  re- 
strictions which  foreign  nations  might  impose  upon  our 
trade.  The  practice  of  the  government  has,  from  a  very 
early  period,  been  in  accordance  with  this  opinion. 

279.  A  second  objection  to  this  policy  is,  that  the  duty 
thus  imposed  is  an  unjust  tax  upon  the  consumer,  who 
ought  to  be  permitted  to  purchase  where  he  can  obtain  his 
supplies  at  the  lowest  prices.  To  this  it  is  replied,  that 
when  any  commodity  is  duly  protected,  it  will  be  produced 
in  greater  quantities^  and  the  facilities  for  manufacturing  it 
will  be  increased;  so  that  the  price  will  ultimately  be  re- 
duced to  that  of  a  similar  article  manufactured  elsewhere. 
Such  has  uniformly  been  the  effect  of  the  system  of  protec- 
tion in  this  country. 

280.  The  power  of  congress  to  regulate  foreign  com- 
merce, extends  also  to  wrecks  on  the  seas  ;  the  construc- 


ihese  duties?  278,  279.  On  what  grounds  are  these  duties  objected 
m?  How  are  these  objections  answered?  What  has  been  the 
practice  of  the  government  on  this  subject?    280.  To  what  other 


Chap.  XIV.  OF  COMMERCE.  116 

tion  of  light  houses ;  the  placing  of  buoys  and  beacons  ; 
the  removal  of  obstructions  to  navigation  in  creeks  and 
rivers;  and  to  the  designation  of  ports  of  entry  and  deliv- 
ery. 

281.  The  power  to  regulate  internal  commerce,  or 
commerce  among  the  several  states,  was  rendered  ne- 
cessary, in  order  to  give  effect  to  the  power  of  regulating 
foreign  commerce.  This  power  was  intended  to  prevent 
the  levying  of  unjust  taxes  or  contributions  by  a  state,  on 
goods  imported  or  exported  through  it  by  another  state. 
Other  evils,  which  may  be  readily  conceived,  might  re- 
sult from  the  exercise  of  this  power  by  the  several  states 
to  regulate  trade  between  each  other. 

282.  Several  cases  have  arisen  involving  the  question, 
how  far  this  power  may  be  exercised  within  a  state.  It 
is  not  disputed  that  all  commerce  which  is  completely 
internal,  and  carried  on  between  different  ports  of  the 
same  state,  and  does  not  extend  to  other  states,  is  beyond 
the  control  of  congress ;  while  it  is  equally  evident,  that 
ihe  power  to  regulate  commerce  may  be  exercised  iciihin 
a  state.  For  there  are  waters  communicating  with  the 
ocean,  which  penetrate  the  interior,  passing  through  sev- 
eral states ;  and  there  are  waters  in  and  upon  the  boun- 
daries of  several  of  the  states,  which  afford  means  of 
commercial  intercourse  between  those  states.  In  these 
cases,  it  is  clear  that  the  power  of  congress  may  reach 
the  interior  of  a  state. 

283.  It  has  been  decided  b}-^  the  supreme  court,  that 
the  acts  of  the  legislature  of  New  York,  granting 
to  individuals  the  exclusive  right  to  navigate  the  wa- 
ters of  the  state  in  vessels  propelled  by  steam,  were 
unconstitutional  and  void,  and  repugnant  to  the  power  of 
congress  to  regulate  commerce,  so  far  as  they  went  to 
prohibit  vessels,  licensed   under  the  laws  of  congress  to 


objects  does  the  power  to  regulate  commerce  extend?  281.  What 
is  meant  by  internoZ  commerce?  What  is  the  object  of  the  power 
to  regulate  internal  commerce?  283.  May  this  power  be  exercised 
icithin  a  siaie?  233,  How  far  are  state  laws,  regulating  commerce, 


l20  OOVERNMESrar  OP  TMOE  U.  STATES.        Part  III 

carry  on  the  coasting  trade,  from  navio-atingthe  watexs  of 
New  York. 

284.  The  power  to  regulate  commerce  extends  to  con- 
ferring privileges  upon  vessels  of  the  United  States,  en- 
gaged in  the  coasting  trade  and  fisheries.  Coasting  trade 
is  the  trade  carried  on  between  one  district  and  another 
in  the  United  States,  on  the  sea  coast,  or  on  navigable 
rivers.  For  the  more  convenient  regulation  of  this  trade, 
the  sea  coast  and  navigable  rivers  of  the  United  States 
are  divided  into  three  great  districts ;  and  all  vessels  of 
twenty  tons  and  upwards,  being  enrolled  according  to 
law,  and  having  a  license,  are  entitled  to  the  privileges 
of  vessels  employed  in  the  coasting  trade  or  fisheries. 
Vessels  of  less  br.rthen,  having  only  a  license,  are  enti- 
tled to  the  same  privileges.  No  vessel  enrolled  or  licensed 
for  this  trade,  is  permitted  to  proceed  on  a  foreign  voyage, 
without  having  given  up  her  enrolment  and  license,  and 
been  registered  conformably  to  the  laws  regulating  ves- 
sels employed  in  foreign  trade.  If  a  vessel  perform  a 
foreign  voyage  without  complying  with  this  regulation, 
such  vessel,  with  all  her  furniture,  and  goods  imported 
therein,  becomes  liable  to  seizure  and  forfeiture. 

285.  The  power  of  congress  to  regulate  trade  with 
the  hidian  tribes,  extends  to  tribes  within,  as  well  as 
without,  the  boundaries  of  the  United  States,  or  any  par- 
ticular state.  It  has  been  a  subject  of  dispute,  whether 
the  Indian  tribes  were  to  be  regarded  as  foreign  nations 
in  their  relations  to  the  United  States.  It  has,  however, 
been  decided,  that  they  are  not  recognized  as  such  by  the 
constitution:  but  they  are  to  be  considered  as  domestic. 
depetideni  nations,  in  a  state  of  pupilage  to  the  general 
government,  and  holding  their  territory  bj''  right  of  occu- 
pancy.    This  right  of   the    Indians  to  their  lands  is  ac- 


voiJ'?  284.  What  is  tlie  conftint:  trade?  Huw  are  ihe  sea  coa.st 
and  navigable  rivers  of  the  United  Slates  divided?  What  is  neces- 
*:ary  to  entitle  ve.ssels  (o  the  privileges  of  the  coasting  trade?  Un- 
der what  restrictions  are  coasting  vessels  permitied  topruceed  on  h 
foreign  voyage?  What  is  the  penalty  for  not  complying  with  ihi* 
provision?  285.  What  relation  do  the  Indian  tribes  bear  towards 
the  United  States?     How  do  they  hold  their  territory?    286.  F«»w 


chap.  XIV.  OF  COMMERCE,  121 

knowledged  in  the  treaties  made  with  them  from  time  to 
tune.  By  these  treaties,  the  Indians  place  themselves 
under  the  protection  of  the  general  government,  which 
guaranties  to  them  tlie  peaceable  possession  of  their  lands 
not  ceded  to  the  United  States. 

233.  But  intercourse  with  tlie  Indian  tribes,  is  subject 
to  legislative  regulation.  The  president,  by  and  with  tlie 
advice  and  consent  of  the  senate,  is  authorized  to  appoint 
an  agent  to  each  of  the  several  Indian  nations,  to  perform, 
such  duties  as  shall  be  enjoined  on  him ;  and  for  the 
faithful  performance  of  these  duties,  he  shall  give  bonds 
in  the  sum  of  ten  thousand  dollars.  The  salaries  of 
these  agents  are,  from  $1200  to  $1800  a  year,  each. 

287.  The  president  is  required  also  to  cause  the  boun- 
dary line  between  the  Indian  territory  and  the  United- 
States  to  be  ascertained  and  marked.  To  promote  civili- 
zation among  them,  and  to  secure  the  continuation  of  their 
friendship,  the  president  may  furnish  them  with  domestic 
animals  and  implements  of  husbandry,  and  with  goods 
or  money,  as  he  shall  judge  proper:  but  the  amount  of 
such  presents  may  not  exceed  fifteen  thousand  dollars  a 
year.  He  may  also  employ  capable  persons  of  good 
moral  character  to  instruct  them  in  agriculture,  and  their 
children  in  reading,  writing  and  arithmetic,  at  an  expense 
not  exceeding  ten  thousand  dollars. 

288.  If  any  Indian  shall  enter  into  any  state  or  terri- 
tory, and  commit  any  trespass,  murder,  or  other  outrages 
upon  citizens  of  the  United  States,  satisfaction  must  be 
made  by  the  tribe  to  which  such  Indian  belongs,  within 
one  year,  for  the  injury  committed.  If  such  tribe  neglect 
or  refuse  to  make  satisfaction,  the  facts  are  reported  to  the 
president,  that  the  necessary  steps  may  be  taken  to  obtam 
satisfaction:  andtheUnitedStates  shall  guaranty  to  the  par- 
ty injured,  indemnification  for  the  property  destroyed;  pro- 
vided the  injured  party  shall  not  attempt  to  obtain  private 


is  Indian  intercourse  regulated?  How  are  Indian  agent ;  appointed^ 
What  salaries  do  they  receive?  2S7.  "What  are  ihe  duties  and' 
discretionary  powers  of  ihe  president  relative  to  this  subject?  2^8, 
What  laws  exist  for  the  punishment  of  oflences  committed  by  hx- 


122  GOVERNMENT  OF  THE  V.  STATES.        Part  III 

satisfaction  or  revenge,  by  crossing  over  the  line  of  any  of 
tiie  Indian  lands.  But  any  Indian  having  so  offended,  may 
he  apprehended  within  any  state  or  district:  and  the 
president  may  deduct  the  sum  paid  for  the  property  taken 
or  destroyed  by  such  Indian,  from  the  annual  stipend 
which  the  United  States  are  bound  to  pay  the  tribe  to 
which  such  Indian  shall  belong. 

289.  If  a  citizen  or  resident  of  a  state  or  territory 
shall  make  a  settlement  on  the  lands  of  any  Indian  tribe; 
or  if  he  shall  survey,  or  attempt  to  survey,  such  lands, 
or  designate  boundaries,  by  marking  trees,  or  otherwise, 
the  offender  shall  forfeit  a  sum  not  exceeding  one  thou- 
sand dollars,  and  suffer  imprisonment  not  exceeding  one 
year.  The  president  may  take  such  measures,  and  em- 
ploy such  force,  as  he  may  deem  necessary  to  remove 
from  such  lands  any  person  who  shall  have  made  a  set- 
tlement thereon. 

290.  If  sach  person  shall  commit  murder,  by  killing 
any  Indian  on  Indian  territory,  he  shall,  if  convicted 
thereof,  suffer  death.  If  any  citizen  of  the  Ui.ited  States 
shall  commit  any  trespass  within  Indian  territory,  he 
shall  be  liable  to  punishment,  by  fine  and  imprisonment, 
in  proportion  to  the  magnitude  of  the  offence. 

291.  The  agents  and  superintendents  of  Indian  affairs, 
may,  under  the  direction  of  the  president,  grant  to  citi- 
zens of  the  United  States,  but  to  no  other  person,  licenses 
10  trade  with  the  Indian  tribes,  taking  bonds,  v/ith  sure- 
ties, for  the  due  observance  of  the  laws  regulating  trade 
v\rith  the  Indian  tribes.  Any  person  who  shall  attempt 
to  reside  in  any  town  or  hunting  camp  of  any  tribe,  as  a 
trader  without  license,  shall  forfeit  the  merchandize  found 
in  his  possession,  or  offered  for  sale,  and  shall  be  liable 
to  a  fine  and  imprisonment.  No  citizen  shall  buy  or  re- 
ceive, of  any  Indian,  by  way  of  trade  or  barter,  a  gun  or 


dians  a^ain.st  citizens  of  the  United  Stales?  289.  How  are  ciii- 
7..-n-of  the  United  S;ates  prohibited  from  intruding  upon  Indian 
inndsl  290.  What  is  the  penahy  for  killing  an  Indian  or  commit- 
liiitr  trespass  on  Indian  territory?  291.  What  regulations  exist  re.s- 
peiimg  licenses  to  trade  with  the  Indians? 


Chap.  XV.       NATURALIZATION  OF  ALIENS.  123 

Other  article  used  in  hunting,  instrument  of  husbandry,  or 
article  of  clothing,  except  furs  or  skins ;  nor  shall  he 
buy  a  horse  within  the  Indian  territory,  Avithout  special 
license  for  that  purpose. 


CHAPTER  XV. 

Naturalization  of  Aliens. 

292.  The  power  of  congress  next  enumerated,  is  the 
power  "to  establish  a  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies,  throughout 
the  United  Slates."  But  while  the  constitution  provides 
for  naturalizing  aliens,  it  does  not  define  the  character 
either  of  citizens  or  of  aliens.  In  the  absence  of  such 
definition,  reference  must  be  had  to  ihe  English  common 
law.  In  the  United  States,  an  alien,  may  be  defined  to 
be  a  person  born  out  of  the  jurisdiction  of  the  country, 
and  not  having  acquired  the  rights  of  naturaliztition.  To 
this  rule  there  is,  however,  an  exception.  In  accordance 
with  the  principle  of  the  English  law,  the  right  of  citi- 
zenship is  giv^en  by  the  ace  of  1802,  to  children  born  out 
of  the  jurisdiction  of  the  United  States,  of  persons  who 
are  citizens  of  the  United  States;  such,  for  instance,  are 
the  children  of  public  ministers  born  during  the  residence 
of  their  parents  in  a  foreign  country. 

293.  By  the  adoption  of  the  constitution,  the  citizens 
of  each  state  were  made  citizens  of  the  United  States ; 
for  all  who  were  not  native  citizens,  or  citizens  born 
within  che  United  States,  acquired  the  rights  of  natural- 
ized citizens,  by  assuming  allegiance  to  the  government. 
Aliens  cannot  acquire  a  title  to  real  estate.     Should  they 


292.  What  power  has  congress  respecting  naturalization?  What 
is  au  alien?  293.  What  efiect  had  the  adoption  ol'  tlie  constitution 
upon  aliens?  What  are  their  abiluies  and  disabilities  asiu  holding 


■124  GOVERNMENT  OF  THE   V.  STATES.         Part  IIL 

purchase  it,  it  is  forfeited  to  thf  state  whenever  it  is  as- 
certained by  proper  examination  to  be  the  property  of  an 
alien.  But  aliens  sometimes  do  own  real  property,  hold- 
ing it  in  the  name  of  a  friend.  They  may  own  and 
transmit  personal  or  moveable  property  in  the  same  man- 
ner as  citizens  ;  and  they  may  bring  suits  for  the  recovery 
and  protection  of  such  property. 

294,  In  pursuance  of  the  power  granted  by  the  con- 
stitution, congress  has  provided  a  mode  of  removing  the 
disabilities  of  aliens.  By  complying  with  the  terms  of 
these  provisions,  every  alien  may  obtain  the  privileges  of 
natural  born  citizens.  Naturalization,  is  the  investing 
of  an  alien  with  the  rights  and  privileges  of  a  native  sub- 
ject or  citizen. 

293.  An  alien,  to  become  a  citizen  of  the  United  States, 
shall  declare  on  oath,  before  a  court  of  some  one  of  the 
states,  or  a  circuit  court  of  the  United  States,  or  before  a 
clerk  ol  either  of  said  courts,  two  years  before  his  admis- 
sion, that  it  was,  bona  fide,  his  intention  to  become  a  citi- 
zen, and  to  renounce  forever  all  allegiance  to  any  foreign 
prince,  state  or  sovereignty,  and  particularly  by  name 
that  whereof  he  is  a  citizen  or  subject.  He  shall,  at  the 
time  of  his  application,  declare  on  oath,  before  one  of  the 
said  courts,  that  he  will  support  the  consthution  of  the 
United  States. 

296.  The  court  admitting  such  alien,  shall  be  satisfied 
that  he  lias  resi(ied  within  the  United  States  five  years  at 
least,  and  within  the  state  or  territory  in  which  such  court 
is  at  the  time  held,  one  year  at  least ;  and  that,  during 
that  time,  he  has  behaved  as  a  m.an  of  good  moral  char- 
acter, attached  to  the  principles  of  the  constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  aj)d 
happiness  of  the  same.  But  the  oath  of  the  applicant 
shall  not  be  allowed  to  prove  his  residence. 

297.  By  the  act  of  May  26,  1824,  an  alien  minor  may 
be  admitted  a  citizen  at  any  time  after  he  shall  have  arri- 


property?  20i.  Whai  is  ■naluralizaf ion?  295.  What  declaration, 
on  oath,  must  an  alien  make  tobecomeaciiizen?  Before  what  count 
SOti.  Wiiatis  further  required  of  the  applicanlT    297.  What  is  pro 


Chap.  XV,  NATURALIZATION  OF  ALIENS.  12$ 

ved  at  the  ao"e  of  twenty-one  years,  if  he  shall  have  resi- 
ded five  years  in  the  United  States,  includingat  1  ast  three 
years  of  his  minority,  without  having  made  a  previous 
declaration  of  his  intention  to  become  a  citizen.  It  is 
sufficient  that  the  declaration  be  made  af  the  time  of  his 
admission:  provided  that  he  then  declare  on  oath,  and 
prove  to  the  satisfaction  of  the  court,  that,  for  three  years 
ne.>ct  preceding,  it  has  been  his  intention  to  become  a  cit- 
izen, and  that  he  shall,  in  all  other  respects,  comply  with 
the  laws  in  regard  to  naturalization. 

298.  By  the  act  of  May  24,  1828,  an  alien  who  resided 
in  the  United  States  before  the  18th  June,  1812,  and  con- 
tinues to  reside  here,  need  not  previously  make  the  decla- 
ration of  his  intention  to  become  a  citizen  :  provided  he 
shall  prove  to  the  satisfaction  of  the  court,  that  he  was 
residing  in  the  United  States,  before  the  18th  Jiine,  1812, 
and  that  he  has  continued  to  reside  here;  and  provided 
also  that  his  residence  shall  be  proved  by  the  oath  or  affi- 
davit of  citizens  of  the  United  States.  If  the  alien  shall 
have  arrived  after  the  peace  of  1815,  his  residence  must 
have  been  continued  for  five  years  next  preceding  his  ad- 
mission, without  having  been,  at  anytime  during  the  fiv« 
years,  out  of  the  territory  of  the  United  States. 

299.'  Children  of  persons  duly  naturalized,  being  mi- 
nors at  that  time,  shall,  if  dwelling  in  the  United  States, 
be  deemed  citizens.  And  if  any  alien  shall  die  after  his 
declaration,  and  before  his  actual  admission,  his  widow 
and  children  shall  be  deemed  citizens. 

;-?00.  A  previous  residence  of  five  years  is  in  all  cases 
required  to  become  citizens ;  the  reason  of  which  is  obvi- 
ous. It  is  not  to  be  presumed  that  strangers  can  have, 
upon  their  arrival  among  us,  that  knowledge  of  our  polit- 
ical institutions,  and  that  attachment  to  them,  which  are 
necessary  to  qualify  them  for  discharging  the  duties  of 
citizens.     Such  is  the  nature  of  our  government,  that  it 


vided,  b}'  the  act  of  1824,  for  naturalizing  alien  minors?  268.  What 
is  provided  bv  the  actof  1828?  299.  Under  what  circumstances  are 
children  of  aliens  deemed  citizens?  300.  Why  is  a  previous  resi- 
dence of  five  years  an  all  case.s  required? 


126  GOVERNMENT  OF  THE  U.  STATES.  Part  111. 

«an  be  safe  only  in  the  hands  of  those  who  understand 
and  love  the  principles  on  which  it  is  founded.  And  yet, 
important  as  this  knowledge  is,  a  large  portion  even  of 
our  native  citizens,  are  little  acquainted  with  the  freo 
institutions  of  their  own  country. 


CHAPTER  XVI. 

Bankrnptcy. 

301.  Another  of  the  powers  granted  to  congress,  is 
the  power  "  to  establish  uniform  laws  on  the  subject  of 
bankruptcies,  throughout  the  United  States."  The  word 
barikrwpt  is  derived  from  bcmcus,  a  bench,  and  mptwt, 
broken,  in  allusion  to  the  benches  formerly  used  by  mon- 
ey lenders  in  Italy,  which  were  broken  or  destroyed  in 
ease  of  failure.  This  word  generally  means  an  insolv- 
ent person,  but,  more  strictly,  an  insolvent  merchant.  A 
distinction  has  been  made  by  some  between  insolvent 
laws  and  bankrupt  laws ;  the  latter  providing  for  dischar- 
ging the  deVjtor  from  his  contracts ;  the  former  merely 
liberating  his  person. 

302.  This  power  is  for  several  reasons  entrusted  to  con- 
gress :  (1.)  To  preserve  uniformity  and  equality  of  rights 
and  remedies  among  the  citizens  of  all  the  states.  Much 
inconvenience  had  arisen  from  the  dissimilar  and  con- 
flicting laws  of  different  states,  and  from  the  refusal  of 
some  states  to  act  on  the  subject.  (2.)  Because  creditors 
in  one  stale  are  not  bound  by  the  bankrupt  laws  of  ano- 
ther :  so  that  a  debtor,  though  released  from  his  debts  m 
one  state,  is  still  liable  to  be  harassed  by  new  suits  when- 
ever he  removes  without  the  state  boundaries.  (3.)  This 
power  in  the   general   government  is  essential,  also,  to 


301.  What  is  the  ori^^in  and  meaning  of  the  word  bankrvft? 
302.  For  what  reascns  wai.  the  power  lo  pass  bankrupt  laws  given 


Chap.  XVL  BANKRUtTcv-  !2T 

maintain  commercial  credit  and  intercourse  with  foreign 
nations. 

303.  As  the  constitution  prohibits  the  states  from  pas- 
sing "laws  impairing  the  obligation  of  contracts,"  the 
right  of  a  siate  to  pass  insolvent  or  bankrupt  laws,  is 
questioned  by  many,  who  maintain  that  such  laws  impair 
the  obligation  of  contracts;  and  that,  as  the  power  is  giv- 
en to  congress  to  establish  a  unilorni  system,of  bankrupt- 
cy, the  power  to  make  insolvent  laws  is  thereby  taken 
away  from  the  states. 

3<)4.  By  the  decisions  which  have  been  made  by  the 
supreme  court  of  the  United  States,  the  following  points 
appear  to  have  been  settled  :  (1.)  That  a  state  has  no  au- 
thority to  pass  an  insolvent  or  bankrupt  law  to  discharge 
a  debtor  from  the  obligation  of  a  contract  made  before 
such  law  was  passed.  But  if  the  law  existed  before  a 
contract  Avas  made,  it  did  not,  in  the  sense  of  the  consti- 
tution,, impair  the  obligation  of  that  contract,  because 
parties  are  presumed  to  have  reference  to  the  existing 
laws  of  the  country  when  such  contract  is  made.  (2.)  That 
until  congress  establish  a  uniform  system  of  bankruptcy, 
a  state  may  pass  such  insolvent  laws  as  do  not  impair  the 
obligation  of  contracts.  (3.)  That  a  discharge  is  valid  only 
between  the  citizens  of  the  state  by  which  such  law  wa» 
passed ;  and  that  a  debtor,  if  he  should  remove  into  ano- 
ther state,  and  there  take  the  benefit  of  an  insolvent  law, 
does  not  discharge  himself  from  debts  contracted  before 
his  removal. 

305.  In  view  of  the  judicial  decisions  on  this  subject. 
Chancellor  Kent  observes  :  "  It  remains  yet  to  be  settled, 
whether  it  be  lawful  for  a  state  to  pass  an  insolvent  law, 
which  shall  be  efTectual  to  discharge  the  debtor  from,  a 
debt  contracted  after  the  passing  of  the  act,  and  within 
the  state  making  the  law.  The  general  language  of  the 
<ourt  would  seem  to  reach  even  this  case ;  but  the  facts 


toccngres.';?  303.  Do  the  states  possess  the  power  of  passing  insol- 
vent or  bankrupt  laws'?  On  what  ground  is  this  power  di-pnted'? 
304.  What  points,  in  relation  to  thi's  qiiesiion,  have  been  seriled  by 
liic  decisions  of  the  supreme  Gourf?     305.  Whai  opiuiuu  is  expies- 


1S8  GOVERNMENT  OF  THE  U.  STATES.         Part  III. 

in  the  cases  decided  do  not  cover  this  ground,  and  are  not 
RUthoritv^  to  that  extent." 

306,  Congress  has  heretofore,  (April,  1800,)  exercised 
its  power  to  pass  bankrupt  laws;  but  this  law  was  either 
repealed,  or  permitted  to  expire  by  its  own  limitation,  in 
December,  1803.  At  present  there  is  no  uniform  law  on 
the  subject.  The  general  object  of  a  bankrupt  law  is  to 
riilieve  unfortunate  traders,  and,  at  the  same  lime,  to  se- 
cure the  application  of  their  efTects  to  the  payment  of  their 
•debts. 


CHAPTER  XVII. 

Money — Weights  and  Measures. 

S07.  Congress  has  the  sole  power  "  to  coin  money, 
regulate  the  value  thereof,  and  of  foreign  coin."  To 
produce  uniformity  of  value  in  coin  throughout  the 
union,  this  power  is  exclusively  given  to  congress,  as  its 
exercise  by  the  states  would  cause  much  embarrassment, 
vexation  and  fraud,  in  consequence  of  the  varying  stand- 
ards that  would  be  established  by  the  different  states. 

308.  M'mt  signifies  a  place  where  money  is  coined  by 
public  authority.  The  word  coin,  (French,)  means  a 
stamp;  or  money  stamped  with  a  legal  impression. 
Coining,  until  the  last  two  or  three  centuries,  was  very 
imperfectly  performed,  by  placing  the  blank  piece  of 
money  between  two  dies,  or  steel  punches,  containing  the 
design  of  the  coin,  and  striking  upon  the  upper  one  with 
a  hammer.  The  imperfection  of  this  hammer-money 
was  caused  by  the  uncertainty  of  placing  the  two   dies 


sed,  and  by  whom,  in  view  of  these  decisions?  306.  Has  congress 
ever  exercised  this  power?  Does  such  law  now  exist]  What  is  the 
general  object  of  a  bankrupt  law? 

207.  Why  is  the  power  to  coin  money,  &c.  ^iven  to  congress? 
308.  What  is  the  meaning  of  mint?  Of  coin?  Describo  the  process 


Chap.  XVIT.  MONEY,  &c  129 

exactly  over  each  other,  and  the  improbabilit}^  of  a  man's 
being  able  to  strike  a  blow  with  such  force  as  to  make 
all  parts  of  the  impression  equallj^  perfect.  The  coining 
piess,  or  mill,  now  used,  was  invented  in  France.  The 
bars  or  ingots  of  gold  or  silver,  after  having  been  cast, 
are  taken  out  of  the  moulds,  and  their  surfaces  cleaned. 
They  are  then  flattened  by  rollers,  and  reduced  to  the 
proper  thickness  to  suit  the  species  of  money  to  be 
roined.  The  plates  are  next  cut  out  into  round  pieces  by 
a  circular  steel  punch  of  the  size  of  the  coin,  which  is 
driven  downward  by  a  powerful  screw, and  passestbrough 
a  corresponding  circular  hole,  carrying  before  it  the  piece 
of  metal  which  is  punched  out.  These  pieces  are  brought 
to  the  standard  weight,  if  necessary,  by  filing  or  rasping; 
the  deficient  pieces,  together  with  the  corners  and  pieces 
of  the  plates,  are  returned  to  the  melter.  The  inscription 
or  impression  on  the  edge  is  made  by  rolling  the  coin,, 
edgewise,  between  two  plates  of  steel  containing  the  en- 
graved edging.  The  stamping  is  performed  by  pressing 
the  piece  wjth  a  powerful  screw,  between  two  steel  dies,, 
on  which  the  figure  to  be  impressed  is  engraved. 

309.  The  officers  and  persons  who  conduct  the  business 
of  the  mint,  are  a  director,  a  treasurer,  an  asscyer,  a  chief 
coiner,  an  engraver,  a  melter  and  refiner.  The  director, 
with  the  approbation  of  the  president  of  the  Uniied  States, 
employs  the  necessary  clerks  and  workmen,  and  has  the 
chief  management  of  the  bu<?inpss  of  the  mint.  The 
treasurer  receives  the  metals  brought  to  be  coined,  and 
gives  receipts  for  the  same.  The  assayer  receives  'rem 
the  treasurer  a  sufficient  number  of  grains  of  every  pr  r- 
cel,  and  assaj/;^  them.  This  is  a  process  to  ascertain  the 
quantity  of  gold  or  silver  in  the  alloy.  Alloy  is  a  com 
position  formed  by  the  combination  cf  two  or  more  met- 
als. To  alloy  means  to  mix  a  metal  of  less  with  one  of 
more  value.  The  baser  metals  are  used  to  alloy  gold 
and  silver  coins,  to   prevent  their  loss  by  wear.     The 


of  coining  money?  309.  What  officers  and  persons  aroemplo3'ed 
in  the  mint?  What  is  the  business  of  a  director?  Of  a  trea.'^iTror? 
Qi  an  a-ssaverl  Of  a  chief  coiner''  Of  an  engraveiv?  Of  a  raeUer.- 

K 


130  OOTERNMENT  OF  THE   U.   STATES.         Part  III. 

treasurer  delivers  the  assayed  metals  to  the  chief  coiner, 
from  whom  he  receives  them  when  struck,  and  pays  or 
xlelivers  them  to  the  persons  to  whom  they  are  to  be  de- 
livered. He  also  keeps  all  moneys  for  the  support  of  tho 
mint,  and  pays  them  out  upon  warrants  signed  by  the 
director.  The  chief  coiner  causes  to  be  coined,  all  metals 
received  by  him  for  that  purpose.  The  engraver  sinks 
and  prepares  the  dies  with  the  proper  devices  and  inscrip- 
tions. The  inciter  and  refiner  takes  charge  of  all  copper, 
or  silver  and  gold  bullion  delivered  out  by  the  treasurer 
after  it  has  been  assayed,  and  reduces  them  into  bars  or 
ingots  fit  for  the  rolling  mills.  Bullion  is  uncoined  gold 
or  silver  in  plates,  bars  or  masses. 

310.  The  proportional  value  0/  gold  to  silver  in  all 
coins  by  law  current  as  money  in  the  United  States,  fixed 
by  act  of  congress  of  April,  1792,  was  as  fifteen  to  one: 
that  is  to  say,  fifteen  pounds  of  pure, silver  were  equal  in 
value  to  one  pound  of  pure  gold.  By  the  same  act,  the 
standard  for  gold  coin  was  eleven  parts  of  pure  gold  to 
one  part  of  alloy,  the  alloy  to  be  composed  of  silver  and 
copper,  not  exceeding  one  half  silver.  The  standard  for 
silver  coins  was  one  thousand  four  hundred  and  eighty- 
five  parts  of  silver,  to  one  hundred  and  seventy-five  parts 
of  alloy,  the  alloy  tobev/holly  of  copper. 

311.  By  the  acts  of  1834.  the  proportional  and  standard 
values  were  changed.  The  value  of  gold  coins  of  the 
United  States,  at  present,  is  as  sixteen  to  one  of  silver  , 
the  comparative  value  having  been  increased  about  six 
and  a  half  per  cent.  The  eagle  of  the  old  coinage, 
consequently  passes  for  about  $10,66;  and  a  new- 
eagle  contains  only  a  quantity  of  gold  that  was  formerly 
valued  at  S9,34.  Foreign  gold  coins  are  made  lawful, 
according  to  their  real  value,  by  the  same  standard  with 
our  owx).     The  dollars  of  Spain,  Mexico,  and  the  South 

and  refiner?  What  is  <dlmi7  What  k  bullion?  310.  What  was  for- 
merly the  proportional  value  of  e;old  to  silver  in  coins  current  a.<i 
money  in  the  United  States?  311.  What  is  the  pr.;sent  proportiona! 
rulue  of  gold  to  silver?     Kow  is  the  value  ui  fcsreign  gold  aud 


Chap.  XVII.  COtJNTEUFElTING,  &C.  181 

American  states,  are  lawful  at  the  same  value  with  out 
own  dollars.  The  five  franc  pieces  of  France,  are  lawful 
at  93  cents  each. 

312.  With  the  power  of  coming  money,  congress  ne- 
cessarily possesses  power  "  to  provide  for  the  punishment 
of  counterfeiting  the  public  securities  and  current  coin 
of  the  United  States  ;"  for  without  this  power,  the  power 
to  coin  money  would  be  unavailing. 

313.  The  counterfeiting  or  debasing  of  current 
coin,  is  deemed  an  aggravated  ofTence,  and  is  punished 
with  heavy  penalties.  If  an  officer  or  person  employed 
at  the  mint  of  the  United  States  shall  debase,  or  make 
worse,  any  gold  or  silver  coin,  as  to  the  proportion  of  fine 
gold  or  fine  silver,  or  shall  make  the  same  of  less  weight 
or  value  than  it  ought  to  be,  with  a  fraudulent  intent,  or 
shall  embezzle  any  of  the  metals  left  at  the  mint  to  be 
coined,  the  offender  shall  be  guilty  of  felony,  and  impris-^ 
oned  at  hard  labor,  not  less  than  one  year,  nor  more  than 
ten  years,  and  fined  not  exceeding  ten  thousand  dollars. 

314.  If  a  person  shall  falsely  make,  counterfeit,  or 
fraudulently  pass,  any  coin  in  resemblance  of  the  gold  or 
silver  coin  of  the  United  States,  he  shall  be  liable  to  a 
fine  not  exceeding  five  thousand  dollars,  and  imprisonment 
at  hard  labor,  not  exceeding  ten  years,  according  to  the 
aggravation  of  the  offence.  For  counterfeiting  copper 
coin,  he  shall  be  liable  to  a  fine  not  exceeding  one  thou- 
sand dollars,  and  imprisonment  not  exceeding  three  years. 
For  falsifying,  or  lightening,  for  the  sake  of  gain,  any 
gold  or  silver  coin,  in  actual  use  as  mouey,  imprisonment 
not  exceeding  two  years,  and  fine  not  exceeding  two 
thousand  dollars. 

31.5.  If  a  person  shall  counterfeit,  or  aid  in  falsely  ma- 
king, a  bill  or  order  on  the  bank  of  the  United  States,  or 
pass,  or  attempt  to  pass  the  same,  he  shall  be  im.prisoned 


silver  e.stablished  by  law?  312.  Where  is  the  power  to  punkh  the 
coiuiterfeiiing  ol  coin  &c.  vested?  3)3.  What  is  the  punishment 
for  debasing  coin  at  the  mint?  314.  What  U  r  counlerlciting.  fal- 
sifying or  lightening  gold  and  silver  coin?  For  covmterfeiting  cor- 
pse «om?     315.    What  is  the  penalty   for  counterfeiting  United 


132  GOVERNMENT  OF  THE  V.  STATES,  Part  Ilf. 

not  less  than  three,  nor  more  than  ten  years,  and  fined  not 
exceedino-  five  thousand  dollars.  If  a  person  shall  en- 
o-rave,  or  have  in  his  possession  an  engraved  plate,  with  the 
intent  of  using  the  same  in  counterfeiting  notes  of  the 
said  bank;  or  if  he  shall  have  in  his  possession  blank- 
notes  or  bills  to  be  used  for  this  purpose,  he  shall  be  im- 
prisoned not  exceeding  five  years,  and  fined  not  exceeding 
one  thousand  dollars. 

316.  Fines  and  penalties  similar  to  the  above,  are 
inflicted  upon  persons  who  shall  counterfeit  or  forge  any 
public  security,  treasury  note,  deed  or  power  of  attorney, 
certificate  of  public  stock,  or  other  writing  relative  to  the 
business  of  the  United  Siates. 

317.  Although  congress  has  the  power  "to  fix  the 
standard  of  weights  and  measures;"  and,  though  itv/ouid 
seem  necessary  that  this  power  should  be  exercised  ex- 
clusively by  congress,  in  order  to  produce  imiibrmity 
throughout  the  United  States;  that  body  has  not  yet 
leo'islated  on  the  subject.  Each  state,  thereiore,  retaui* 
the  ri'jht  to  adopt  and  regulate  its  own  standard. 


CHAPTER  XVIII, 

Promotion  of  Science. — Copi/  Righl<:  and  Patents. 

318.  Among  the  powers  delegated  to  congress,  is  the 
power  "  to  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited'  times,  to  authors  and  inventors, 
the  exclusive  right  of  their  respective  wruings  and  dis- 
coveries." This  power  did  not  exist  under  the  confedera- 
tion ;  althoug-h  its  utility  has  never  been  disputed.  The 
right  of  property  of  authors  and  inventors  in  their  works. 


State-?  bank  notest  316.  What  are  the  peaalties  for  count£rfeiting 
ITni'ed  States  spcuritities,  notes,  &c.  317.  How  ls  the  standard  ot 
weights  and  measures  reefulaled? 

318.   What  is  thegranting  ef  copy  rights  and  patents  intended  u> 


Chap.  XVIIl.  PROMOTION  OF  SCIENCE.  133 

had,  before  the  revolution,  been  decided  to  be  a  common 
law  right,  and  had  been  secured  to  them,  for  limited  times, 
by  acts  of  parliament.  This  provision  seems  to  be  in 
accordance  with  the  dictates,  as  well  of  policy  as  of  jus- 
tice. For,  without  an  appropriate  reward,  there  would 
be  little  to  induce  authors  to  prepare  elaborate  works  for 
the  public.  While,  therefore,  a  piofit  is  secured  to  the 
inventor,  the  public  is  no  less  benefited  by  the  disclosure 
of  the  secrets  of  the  discovery. 

319.  By  acts  of  congress,  the  right  of  the  monopoly  is 
limited  to  a  period  of  fourteen  years.  The  term  of  a  copy 
right,  whi'^h  was  formerly  fixed  at  this  period,  was,  in 
1 831,  extended  to  twenty-eight  eight  years  This  provis- 
ion is  deemed  a  sufficient  encourag'ement  to  genius.  Some 
of  the  states,  prior  to  the  adoption  of  the  constitution,  had, 
by  legislative  acts,  favored  certain  discoveries;  but  as  the 
effect  of  these  laws  was  confined  to  the  limits  of  a  single 
state,  and  as  the  authors  and  inventors  were  subjected  to 
the  varying  laws  of  the  different  states,  the  privileges  con- 
ferred by  the  state  laws  were  of  little  value. 

320.  To  secure  the  exclusive  right  to  frivt  and  sell 
any  book,  map  or  chart,  the  author  or  proprietor  is  requir- 
ed to  deposit  a  printed  copy  of  the  title  thereof,  in  the 
clerk's  office  of  the  district  court  where  the  author  or 
proprietor  resides.  The  clerk  records  the  title  in  a  book 
kept  for  that  purpose,  and  gives  to  the  author,  under  the 
seal  of  the  court,  a  copy  of  the  record.  For  which  rec- 
ord, the  clerk  shall  receive  fifty  cents,  and  the  like  sum 
for  every  copy,  under  seal,  given  to  the  author  or  propri- 
etor, or  his  assigns. 

321.  The  author  or  proprietor  is  required,  within  three 
months  after  the  publication  of  the  book,  map  or  chart,  to 
deliver  a  copy  of  the  same  to  the  clerk  of  the  district  court. 
The  clerk  is  required,  every  year,  to  transmit  to  the  sec- 
retary of  state  of  the  United  States,  a  list  of  all  copy 
rights  deposited  in  his  office.     The  author  or  proprietor 


promote?  319.  For  how  long  a  term  is  each  granted?  How  was 
the  power  to  grant  patent  and  copyrights  exercised  before  the  con- 
stitution was  adopted?      320,  321."  How  is  a  copy  right  oblaiiied? 


134  OOVfeRNMENT  OF  THE   U.   STATES.         Part  III. 

!nust  also  cause  to  be  printed  on  the  title  pag-e,  or  pag'e 
immediately  following,  of  everj'-  copy  of  the  said  book,  if 
it  be  a  book,  or  if  it  be  a  map  or  chart,  on  the  face  thereof, 
the  following'  words  :  "  Entered  according  to  act  of  con' 
gress,  in  the  year  by  in  the  clerk's 

office  of  the  district  court  of  ." 

322.  At  the  expiration  of  the  term  for  which  a  copy 
rifirht  shall  have  been  secured,  such  right  shall  be  contin- 
ued for  the  further  term  of  fourteen  years,  provided  that 
the  title  of  the  work  be  again'recorded,  and  that  all  other 
regulations  of  the  law  with  regard  to  original  copy  rights 
be  complied  with,  within  six  months  before  the  expiration 
of  the  first  term.  In  all  cases  of  renewal  of  a  copy  right, 
the  author  or  proprietor  must,  within  two  months  after 
the  renewal,  cause  a  copy  of  the  record  to  be  published 
in  one  or  more  newspapers  printed  in  the  United  States, 
for  the  space  of  four  weeks. 

323.  If  any  person,  after  the  title  of  a  book,  map,  chart 
or  engraving,  shall  have  been  duly  recorded  and  publish- 
ed, shall  cause  the  same  to  be  printed  or  published,  with- 
t)ut  the  consent  of  the  author  in  writing,  signed  in  tlia 
presence  of  two  or  more  witnesses,  the  offender  shall  for- 
feit every  copy  of  the  same,  to  the  author  or  proprietor: 
and  he  shall  further  forfeit,  if  it  be  a  book,  fifty  cents,  or 
if  it  be  a  map,  chart  or  engraving,  one  dollar-,  for  every 
sheet  found  in  his  possession,  or  printed,  or  exposed  to 
sale;  one  half  thereof  to  the  proprietor  who  shall  sue  for 
the  same,  and  the  other  half  to  the  United  States.  Any 
person  who  shall  print  or  publish  the  manuscript  of  an 
author  or  proprietor,  without  his  consent,  as  before  men- 
tioned, shall  be  liable  to  the  author  for  all  damages  sus- 
tained by  the  injury. 

321  If  any  person  shall  print  or  publish  any  book,  and 
print  therein,  that  the  same  has  been  entered  according  to 
act  of  congress,  without  having  legally  acquired  a  copy 
right,  he  shall  forfeit  one  hundred  dollars. 


:^i■2.  In  what  manner  is  the  renewal  of  a  copy  ri^hi  effected T 
32;i  What  are  the  penahies  for  infringing  a  copy  right?  324.  What 
is  the  penalty  for  falsely  printing  in  the  book  that  the  title  has  beeU 


Chap.   XVIII.        PROMOTION  OF  SCIENCE.  135^ 

325.  To  secure  an  e.Kclusive  right  to  make,  use  and  sell 
any  new  and  useful  invention,  the  inventor  must  allege 
that  he  has  invented  a  new  and  useful  art,  machine  or 
m;inuf:icture,  not  kaown  or  used  before  the  application, 
and  must  present  a  petition  to  the  secretary  of  state,  for 
an  exclusive  property  in  the  same.  The  secretary  of 
state  then  causes  letters  patent  to  be  made  out,  in  the  name 
of  the  United  States,  signed  by  the  president,  reciting  the 
allegations  and  suggestions  of  the  petition,  giving  a  short 
description  of  the  invention  or  discovery,  and  granting  to 
the  petitioner,  for  a  term  not  exceeding  fourteen  years, 
the  sole  right  to  make  and  vend  the  said  invention  or  dis- 
covery. These  letters  patent  are  delivered  to  the  attorney 
general  of  the  United  States  to  be  examined;  who,  within 
fifteen  days,  if  he  finds  them  conformable  to  the  law, 
certifies  to  the  same,  at  the  foot  thereof,  and  returns  them 
to  the  secretary  of  state.  The  secretary  of  state  presents 
the  letters  patent  thus  signed,  and  causes  the  seal  of  the 
United  States  to  be  affixed  to  them.  They  are  then  re- 
corded in  a  book  for  that  purpose,  in  the  office  of  the 
secretary  of  state,  and  delivered  to  the  patentee,  or  his 
order. 

326.  Patents  may,  in  a  similar  manner,  be  obtained  by 
s.ny  person  (or  an  improveme7ii  in  an  invention ;  but  he' 
may  not  use  the  original  invention,  nor  may  the  original 
inventor  use  the  improv^ement.  When  the  patent  is  for 
an  improvement,  the  nature  and  extent  of  the  same  must 
be  stated  in  the  specification. 

327.  Every  inventor,  before  he  presents  his  petition  to 
the  secretary  of  state,  must  pay  into  the  treasury  thirty 
dollars.  He  must  also  swear  or  affirm,  that  he  verily  be- 
lieves that  he  is  the  true  discoverer  of  the  art  or  improve- 
ment for  which  he  asks  a  patent ;  and  that  the  same  has 
not,  to  his  knowledge,  been  known  or  used,  either  in  this 
or  any  other  country.    If  it  shall  appear,  that  such  inven- 


eniered?  325.  What  is  required  of  an  inventor  to  secure  a  patent 
right?  How  are  letters  patent  made  ou^?  3'3tj.  How  are  patents 
for  improvements  obtained?  3-27.  How  much  is  paid  for  a  patem 
jighil     What  oa'.h  L>  reqtiired  of  an  applicant?     328.  What  is  the 


'3  6  GOVERNMENT  OF  THE    V.  8TATE8.         PuTi  111. 

tion  luui  been  known  or  used  previously  to  Ills  application 
ior  d  pa.lt'nt,  the  patent  shall  be  void. 

32-3.  Any  person  who  shall  make,  use  or  sell  any 
inviiution,  the  right  of  which  is  secured  to  a  patentee, 
sfj.i!!  forfeit  a  sum  equal  to  three  times  the  actual  damage 
sustained  by  the  patentee,  by  reason  of  the  oiTence.  if. 
however,  it  shall  be  proved,  that  there  was  in  the  speciti- 
catio'i  any  false  statement,  made  to  deceiv^ethe  public,  or 
thatihe  thing  thus  secured  was  not  first  discovered  by  the 
patentee,  or  that  the  patent  was  surreptitiously  obtained 
for  the  discovery  of  another  person,  judgment  shall  be 
rendered  for  the  defendant.  Prosecution  for  the  violatioa 
ol  patents  and  copy  rights  must  be  made  in  the  circuit 
court  of  the  United  States. 

329.  Patents  ant.  copy  rights  may  be  assigned  and 
transferred  to  others j  and  the  assignees  have  ail  the 
rights  secured  to  the  original  parties.  Rights  may  be 
obtained  by  the  heirs  of  inveuiors  who  have  died  before 
such  riirhts  were  obtained. 


CHAPTER  XIX. 

Piracy — Felonies  on  the  High  Sea^,  <^'C. 

"!^n  The  power  "to  punish  piracies  and  felonies  com- 
.mitted  n-i  the  high  sea.s,  and  oilences  against  the  law  of 
nations,"  is,  from  its  very  nature,  vested  exclusively  in 
'•ongress.  Pirary  is  the  crime  of  robbery  and  depreda- 
tion committed  upon  the  high  seas.  It  is  an  offence 
agninst  the  universal  law  of  society,  a  pirate  being  hostile 
to  the  human  race  ;  and  as  he  has  renounced  all  the  ben- 
efits of  society  and  government,  by  declaring  war  against 
all  mankind,  all  mankind  niust  declare  war  against  him. 


penalty  for  a  violation  of  a  patent  riprht?     .329.    Are  patents  and 
cupy  i-igh(s  iransfcrrable?     3J0.    Where  is  the  power  to  punL^h 


Chap.   XIX.  PIKACY  AND  FELONIES.  137 

As  it  is  an  offence  against  the  law  of  nations,  every  nation 
has  a  right  to  attack  and  exterminate  pirates,  without  any 
d^'claration  of  war. 

331.  By  statutes,  both  in  England  and  in  the  Unitfd 
States,  certain  offences  are  made  piracy.  Bv  tiie  laws  of 
the  United  States,  if  a  person  commit,  upon  the  highseaf, 
out  of  the  jurisdiction  of  a  state,  murder  or  robbery,  or  . 
any  otfier  offence  which,  if  committed  in  the  body  of  a 
county,  would,  by  the  laws  of  the  United  States,  be  pun- 
ishable with  death.  It  is  declared,  further,  that  if  a  cap- 
tain or  miriner  of  any  vessel  shall  feloniously  run  away 
with  the  vessel,  or  any  goods  or  merchandi;?e  to  the  valu-* 
of  til'cy  dollars,  or  shall  yieid  up  a  vessel  voluntarily  tv' 
pirates;  or  if  a  seaman  shall  lay  violent  hands  upon  his 
commander,  to  prevent  him  from  defending-  the  ship  o" 
goods  commiited  to  his  trust,  or  shall  make  a  revolt  in 
the  ship;  every  such  offender  shall  be  adjudged  a  pirate 
and  fflon,  and  be  punishable  with  death. 

332.  The  At'i"ican  slave  trade,  which  was  tolerated  for 
many  years  after  the  constitution  was  adopted,  was,  in 
182J,  ffleclared  piracy.  If  a  citizen  of  the  United  States, 
being  of  the  crew  of  anv  vessel  owned  in  whole,  or  in 
part,  by  a  citizen  of  the  United  States,  shaji  be  engaged 
in  the  foreign  slave  trade,  he  shall  be  adjudged  a  pirate, 
and  suffer  death. 

333.  The  transportation  of  slaves  froin  the  United 
States,  by  citizens  of  the  United  States,  to  any  foreign 
country,  was  prohibited  by  acts  of  March  1794,  and  May 
181);).  Bui  as  the  importation  of  slaves  was  authorizeJ 
by  the  constitution  until  1808,  no  law  prohibiting  their 
imfiortation,  co-ild  be  passed  by  congress,  to  take  effeet 
before  thnt  time. 

334.  By  the  law  of  March,  1807,  it  was  prohibited 
under  severe  penalties,  to  import  slaves  into  the  UnUed 
States,  after  the  first  of  January,  1«08.     In  1818,  to  pra- 


piracv  vested?  What  is  piracy?  331.  What  acts  are  declared  pi- 
racy by  the  laws  ol'  the  Uiiiicd  Siaies?  33-J.  When  wa:^  ihe  sifivc 
tra(ie  declared  piracy?  333.  When  were  the  pxporiatimi  and  iin- 
portalion  of  slaves  respectively  pruhibiied!  334.  Whai  is  proviucd 


138  tetoVfeRNMENT  OF  tlife   U.  STATES.         ^art  Ilf. 

vent  all  concern  in  the  trade,  on  the  part  of  our  citizens-, 
they  were  forbidden  to  carry  slaves  on  freight,  or  from 
"■one  port  to  another  of  the  same  foreign  empire,  as  well 
as  from  one  foreign  country  to  another.  The  act  of 
March,  1819,  went  further,  and  authorized  national  armed 
vessels  to  be  sent  to  the  west  of  Africa,  to  stop  the  slave 
trade,  so  far  as  citizens  or  residents  of  the  United  States 
were  engaged  in  it;  and  their  vessels  and  effects  were 
made  liable  to  be  seized  and  confiscated.  The  act  of 
May,  1820,  went  still  further,  and  declared,  that  if  any 
vessel,  armed  or  navigated  for  or  on  behalf  of  a  citizen 
•of  the  United  States,  should  land  on  a  foreign  shore,  and 
■Seize  a  negio  or  mulatto,  with  intent  to  make  him  a  slave, 
or  should  decoy,  or  forcibly  bring  such  negro  on  board 
such  vessel,  he  should  be  adjudged  a  pirate,  and  should 
be  punishable  with  death. 

335.  If  a  person,  upon  the  high  seas,  within  the  admi- 
ralty jurisdiction  of  the  United  States,  and  out  of  the 
jurisdiction  of  a  particular  state,  shall  murder,  or  other- 
wise so  injuTe  any  other  person,  that  he  shall  afterv/arda 
die  upon  the  land,  the  offender  shall  suffer  death.  [/  a 
person  shall  wilfully  destroy,  or  aid  in  destroying,  a  ves- 
sel of  war  of  the  United  States  on  the  high  seas ;  or  if, 
being  the  owner  of  such  vessel,  he  shall  corrCiptly  cast 
away,  or  aid  in  destroying  the  same,  with  a  design  to 
prejudice  any  person  that  has  underwritten  a  policy  of 
aiisiirance,  he  shall  siifler  death. 

33().  For  maliciously  attacking  a  vessel  with  intent  to 
plunder  the  same,  the  offender  shall  be  punished  by  atina 
not  exceeding  fi^'e  thousand  dollars,  and  imprisonment  not 
exceeding  ten  years.  Numerous  other  crimes  committed 
within  admiralty  jurisdiction,  are  punishable  by  fine  and 
imprisonment,  in  proportion  to  the  aggravation  of  th« 
offence. 

337.  If  a  persun,  within  a  fort,  arsenal,  navy  yard,  of 
■mnaazine,  -shall   burn   a  dwelling  house,  store,  barn   or 


hj  the  several  acts  of  1807,  1818,  1R19, 18-20?  S.l"^.  What  oSencos, 
'ii].i:in  the  bi.^li  >ea.s  wiihin  iulini:a!ty  jm-isrliction,  are  punishable 
«iih  drath?     33G.  What  offences  by  fine  and  imprisonment?     337. 


Chap.  XlX.  PIRACY  AND  FELONIES.  139 

Other  building,  he  shall  be  punishable  with  death.  There 
are  other  crimes  which,  if  committed  within  any  territory 
over  which  the  United  States  have  jurisdiction,  are  pun- 
ishable with  fine  and  imprisonment.  All  offences  enu- 
Hierated  in  this  chapter  must  be  tried  in  courts  of  the 
United  States. 

3Ij8.  Offencea  agdinst  the  law  of  nations,  are,  besides 
piracy,  violations  of  safe  conducts  or  passports,  and  in- 
fringements of  the  rights  of  ambassadors  and  other  for- 
eign ministers.  A  safe  conduct  contTins  a  pledge  of  tha 
public  faith,  that  it  shall  be  duly  respected ;  and  the  ob- 
servance of  this  duty  is  essential  to  the  character  of  the 
government  which  grants  it.  An  ambassador  cannot  be 
made  answerable  in  a  court  of  justice.  Any  writ  or 
process  issued  against  an  ambassador,  is  void.  If  he 
commit  an  offence  he  must  be  sent  home,  to  be  punished 
by  the  laws  of  his  own  country. 

339.  The  statute  law  of  the  United  States  provides,  in 
furthering  the  general  sanction  of  the  public  laAV,  that 
persons  who  violate  passports,  shall  be  imprisoned,  ncjl 
exceeding  three  years,  and  fined  at  the  discretion  of  the 
court.  The  like  punishment  is  inflicted  upon  persons 
who  infringe  the  law  of  nations  by  offering  violence  to 
public  ministers,  by  being  concerned  in  prosecuting  or 
arresting  them.  This  is  an  offence  highly  injurious  to  a 
free  and  liberal  intercourse  between  different  governments, 
and  mischievous  in  its  consequences  to  a  nation ;  as  it 
tends  to  provoke  the  sovereign  whom  the  minister  repre- 
sents, and  to  bring  upon  the  country  in  which  he  resides, 
the  calamity  of  war. 


What  offence  on  land,  within  U.  S.  jurisdiction,  is  punished  "Biih 
death'.'  In  what  comns  are  these  offences  tried?  338.  What  artj 
ofFences  against  the  law  of  nations?  What  does  a  passport  or  safe 
conduct  contain?  Wiiat  privilege  has  an  aniba-^sador?  339.  How 
are  ihesie  offences  punished? 


140  GOVERNMENT  OT  THE  V.  STATES.         Part  III. 


CHAPTER  XX. 

Of  War. — Letters  of  Marque  and  Reprisal — Captures — 
Army  and  Navy. 

340.  Congress  has  exclusive  power  "to  declare  war, 
grant  letters  of  marque  and  reprisal,  and  make  rules  con- 
cerning captures  on  land  and  water."  That  self  preserv- 
ation, or  the  right  of  self-defence,  is  the  first  law  of  nature, 
is  a  principle  that  has  received  the  common  assent  of 
mankind.  If  this  principle  be  a  just  one,  it  is  the  right 
of  every  nation  to  adopt  all  necessary  regulations  to  resist 
the  aggressions  of  other  nations.  Upon  this  principle, 
the  power  has  been  given  to  congress  to  declare  war.  A 
just  defence,  or  making  use  of  force  against  any  power 
that  attacks  a  nation  or  its  privileges,  is  defcJisive  war.  To 
attain  justice  by  force,  if  it  cannot  be  otherv/ise  obtained, 
or  to  pursue  our  right  by  force  of  arms,  is  offensive  war. 

341.  But  there  are  cases  which,  according  to  the  law 
of  nations,  constitute  justifiable  causes  of  war,  when  nei- 
ther good  policy,  nor  a  regard  for  the  national  honor, 
requires  such  a  measure.  War  is  at  all  times  attended 
with  great  evils;  and  the  dictates,  both  of  wisdom  and 
humanity,  forbid  a  recourse  to  war,  except  in  extreme 
cases.  The  true  honor  and  dignity  of  a  nation  ire  not 
most  effectually  sustained  by  immediate  resort  to  arms 
upon  every  occasion  of  real  injury. 

342.  The  ancient  practice  of  formally  communicating 
to  the  enemy  a  declaration  of  war,  before  hostilities  are 
commenced,  is  not  in  use.  Such  declaration  is  now  mada 
only  to  the  nation  that  proclaims  it.  The  power  to  de- 
clare war  is,  in  some  countries,  exei'cised  hy  the  king.  In 
the  United  States,  it  is  more  properly,  as  well  as  more  safe- 
ly, entrusted  to  congress. 


two.  Where  is  the  power  to  declare  war,  &c.  vosled?  Upon  whal 
principle  is  ihe  right  of  resistance  founded?     What  is  defensive 
war?      What  i.s  o^ewsh-e  war?     341.  In  what  cayes  only,  if  any,  -. 
should  a  nation  resort  lo  warl     342.  How  ii  a  decluraiion  of  war  • 


Chap    XX.  DEFENCE  OF  THE  NATION.  141 

343.  The  power  of  issuing  letters  of  marque  and  re- 
prisal,  is  also  given  to  congress.  Marque  signifies  pas- 
sing the  frontier ;  re;?ri,sfl,/,  the  taking  in  return.  Letters 
of  marque  and  reprisal  are  given  to  authorize  the  subjects 
of  a  nation  who  have  been  injured  by  those  of  another 
nation,  to  seize  the  bodies  or  goods  of  the  citizens  of  sucli- 
o.ffending  nation,  wheresoever  they  may  be  found,  until 
satisfaction  be  made.  This,  however,  properly  belongs 
to  the  government,  as  a  single  individual,  were  he  at  lib- 
erty to  act  as  judge  in  his  own  case,  might,  at  his  own 
pleasure,  involve  the  whole  nation  in  war,  in  seeking  to 
redress  his  private  injury. 

344.  Connected  with  the  power  of  declaring  war,  is  the 
power  of  making  rules  cancer aing  captures.  According 
to  the  law  of  nations,  no  individual  has  any  interest  in  a 
prize,  whether  made  by  a  public  or  private  armed  vessel, 
but  what  he  receives  under  the  grant  of  the  government. 
The  general  practice  is,  to  distribute  the  proceeds  of  the 
captured  proj)erfy,  when  duly  passed  upon,  and  condemn- 
ed as  prize,  among  the  captors,  as  a  reward  for  bravely, 
and  a  stimulus  to  exertion.  But  the  courts  have  no  pow- 
er of  condemnation,  until  the  legislative  will  is  expressly 
declared. 

34.5.  The  district  court  of  the  United  States  has  cogni- 
■  zance  of  complaints  in  cases  of  capture  made  within  the 
United  States,  or  within  a  marine  league  of  the  coast  or 
shore  thereof  It  has  also  exclusive  cognizance  of  all 
seizures  on  land,  and  on  waters  other  than  those  naviga- 
ble by  vessels  of  ten  or  more  tons  burthen,  within  their 
respective  districts,  or  on  the  high  seas.  War  gives  a 
nation  the  right  to  take  the  persons,  and  confiscate  the 
property  of  its  enemy,  wheresoever  they  may  be  found. 

346.  The  power  "to  raise  and  support  armies,"  and 
"to  provide  and  maintain  a  navy,"  is  a  power  incident  to 


made?  Who  declares  war  in  the  United  S'ates?  313.  What  arc 
liters  of  marque  and  repriml?  For  what  purpcse  are  they  sframed? 
Why  is  the  power  to  issue  them  given  to  the  goverunient?  344. 
What  are  captures?  Whence  is  the  right  to  prizes  obtained?  How 
are  they  generally  di.stributjd?  And  whenl  345.  Before  what 
coiun  are  trials  for  prizes  had?     What  rights  does  war  give  a  iia- 


142  GOVKRNMEXT  OP  THE   U.  STATE?.  Part  III. 

the  power  of  declaring  war,  and  o(  providing  for  tho 
common  defence  of  the  nation;  and  necessarily  includes 
the  power  "  to  make  rules  for  the  government  of  the  land 
and  naval  forces." 

■  347.  It  is  the  general  policy  of  nations,  in  times  of 
peace,  to  prepare  for  war.  A  constant  preparation  for 
self-defence  is  deemed  the  most  certain  means  of  prevent- 
ing the  attacks  of  an  enemy.  One  of  the  means  provided 
by  congress  for  the  defence  and  safety  of  the  nation,  is  a 
standing  army.  A  standing  army  is  a  large  number  of 
armed  soldiers,  kept  constantly  in  pay,  and  ready  for  ac- 
tion, in  peace  as  well  as  in  war.  The  standing  army  of 
the'  United  States  consists,  at  present,  of  about  six  thou- 
sand men,  who  are  distributed  among  the  several  forts 
and  arsenals. 

348.  But  standing  armies  are  by  many  looked  upon 
with  great  jealousy,  as  dangerous  to  liberty.  History 
furnishes  many  instances  in  which  nations  have  suffered 
great  injury  from  standing  armies,  and  have  been  even 
destroyed  by  them.  But  the  distance  of  this  continent 
from  the  powerful  nations  of  Europe,  prevents  the  neces- 
sity of  keeping  up  a  large  and  dangerous  peace  establish- 
ment. 

349.  A  navy,  is  generally  supposed  to  be  a  safer,  as 
well  as  a  more  effective  means  of  national  defence.  A 
navy  means  the  ships  of  war  that  belong  to  a  nation. 
With  the  exception  of  a  few  jears,  it  has  ever  been  the 
policy  of  the  government  to  support  an  efficient  navy.  In 
1801,  congress  ordered  all  the  vessels,  except  thirteen,  to 
ba  sold  :  those  not  directed  to  be  kept  in  service  in  time  of 
peace,  were  to  be  laid  up.  In  180.5,  so  much  of  the  act 
of  1803,  as  required  a  certain  number  of  frigates  to  be 
kept  in  service,  was  repealed ;  and  the  president  was  au- 
thorized to  keep   in  actual  service  in  time  of  peace,  as 


lion?  346.  Where  is  the  power  to  rai.se  and  support  armies  vested? 
^7.  Why  is  a  preparation  (or  self  defence  nece.ssary'f  What  is  a 
ilanding  army?  How  large  is  that  of  the  United  States?  348.  How 
are  standing  armies  regarded  by  many?  349.  What  other  mean.^ 
national  defence  exist?     What  m  a  Tuity?    What  has  been  ike 


•Chap.   XXI.  DErBNCB  OF  TUB  JTA-TIOir.  US 

many  frigates  and  other  vessels  as  might  be  neceseary. 
and  the  remainder  were  to  be  laid  up.  A  species  of  ves- 
sels, called  gun  boats,  had  been  introduced,  of  which 
there  were  ordered  to  be  built  and  purchased,  during  the 
period  from  the  year  1803  to  the  year  1807,  two  hundred 
and  seventy.  Since  that  period,  the  navy  has  received  due 
attention,  and  large  appropriations  have,  from  time  to  time, 
been  made  for  its  increase. 

350.  The  strength  of  the  navy  of  the  United  States  in 
1S34,  was  as  follows:  7  ships  of  the  line,  of  74  guns;  7 
frigates  of  the  first  class,  of  44  guns ;  3  frigates  of  the 
second  class,  of  36  guns ;  3  sloops  of  war,  of  24  guns  ; 
13  sloops  of  war,  of  18  guns;  and  67  schooners,  of  IS 
guns;  making,  in  all,  41  vessels.  There  were  then  build- 
ing 5  ships  of  the  line,  of  which  one  would  carry  l-iQ 
guns,  and  7  frigates. 


CHAPTER  XXI. 

Of  the  Mililia. 

351.  The  surest  means  of  national  defence  lies  in  the 
power  of  congress  "  to  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  union,  suppress  insurrections, 
and  repel  invasions;"  and  in  the  power  "to  provide  for 
organizing,  arming  and  disciplining  the  militia  ;  and  for 
governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States."  This  power  the  constitu- 
tion gives  exclusively  to  congress  ;  reserving  to  the  states, 
respectively,  the  appointment  of  the  officers,  and  the  au- 
thority of  training  the  militia,  according  to  the  discipline 
prescribed  by  congress. 


policv  of  the  government  with  regard  to  a  navy?     350.  Whati  sthe 
present  strength  of  the  na\'y  of  the  United  Slaies7 
351.  What  is  deemed  the  surest  mean  ^J  oiaational  defence?  How 


144  GOVERNMENT  OF  THE  U.  STATES.         Part  III' 

352  It  is  doubtful  whether  a  constitution  would  have 
been  adopted  that  placed  the  military  force  wholly  under 
the  orders  of  the  national  rulers.  To  attain  uniformity 
in  the  organization  and  discipline  of  the  militia,  it  was 
necessary  that  its  regulation  should  be  entrusted  to  the 
general  government.  The  reservation  to  the  states  of  the 
pov/er  to  appoint  officers,  and  to  train  the  militia,  while  it 
left  still  in  the  hands  of  congress  all  necessary  power  on 
this  subject,  was  deemed  an  essential  restriction,  in  order 
to  guard  against  the  usurpation  and  abuse  of  this  power 
by  the  general  government. 

353.  The  president  is  commander-in-chief  of  the  mili- 
ti;i  when  called  into  the  actual  service  of  the  UnitedStates: 
v/hen  not  in  actual  service  of  the  nation,  the  militia  is 
commanded  by  the  governors  of  the  states,  and  subordin- 
ate officers.  The  president  has,  by  law,  the  power  to  call 
out  the  militia,  whenever  he  shall  judge  it  to  be  necessary, 
to  repel  invasions,  or  to  suppress  insurrections,  within  the 
United  States;  and  he  is  to  be  the  sole  judge  of  the  exis- 
tence of  the  emergency  requiring  the  militia  to  be  called 
into  service. 

354.  •  To  those  who  object  to  thus  placing  the  militia  at 
the  disposal  of  the  president,  it  mast  be  replied,  that  this 
power  is  to  be  exercised  upon  sudden  emergencies,  and 
when  the  action  of  congress  may  not  be  readily  obtained . 
Neither  is  it  a  valid  objection  that  Xhc  power  may  be 
abused  ;  for  all  powers,  by  whomsoever  exercised,  are 
susceptible  of  abuse.  The  responsibility  of  the  executive 
to  the  people,  and  tiie  watchfulness  of  their  representatives, 
are  deerned  sufficient  security  against  usurpation  or  tyr- 
anny. 

355.  The  militia,  when  called  out,  arc  subject  to  the 
rules  of  war  ;  and  the  law  imposes  a  fine  upon  every  de- 


fap  does  the  power  of  congress  on  this  snbjoct  pxtcndT  352.  What 
is  reserved  to  the  sla'esl  Why  is  this  division  of  power  roader 
3ii3.  When  is  the  president  commander-in-chiel .'  Wiio  commands 
the  miliiia  at  other  times?  Who  is  authorized  to  call  out  the  mili- 
lial  On  -whit  occasions?  354.  Why  is  this  power  given  to  the 
••tecutive?     355.  Wiiat  persons  are  liable  to  do  miluary  duty? 


Chap.  XXI.  PEFENCE  OF  THE   NATION.  145 

Hnquent,  to  be  adjudged  by  a  court  martial  composed  of 
militia  officers  only,  and  held  in  the  manner  prescribed  by 
\h  '.  articles  of  war.  Every  free  able  bodied  white  male 
citizen,  of  the  age  of  eighteen,  and  under  forty-five  years, 
is  liable  to  do  military  duty,  except  such  as  are  by  lav/ 
e.^empted  from  the  same. 

3>6.  The  law  prescribes  the  manner  in  which  the  mi- 
litia is  to  be  organized,  armed,  disciplined  and  governed ; 
and  provision  i.:>  also  made  for  drafting,  detaching,  and 
cilling  forth  the  qwotas,  or  shares,  to  be  furnished  by  the 
respective  states,  when  required  by  the  president. 

oo7.  Persons  exempted  by  the  law  of  the  United  States 
are,  the  vice  president,  and  all  executive  and  judicial  offi- 
cers of  the  government  of  the  United  States  ;  mem.bers  of 
both  hous3S  of  congress,  and  their  respective  officers  ;  all 
custom-house  officers,  with  tiieir  clerks  ;  post  officers  and 
drivers  of  mail  stages;  ferry-men  employed  at  ferries  on 
post  roads;  all  pilots  and  mariners;  together  with  all 
other  persons  who  may  be  exempted  by  the  laws  of  the 
respective  states. 

358.  The  militia,  when  called  into  the  actual  service 
of  the  United  States,  are  not  considered  to  be  in  that  ser- 
vice, until  they  are  mustered  at  the  place  of  rendezvous  • 
until  that  be  done,  a  state  has  a  right,  concurrent  vvith  the 
United  States,  to  punish  their  delinquencies  :  but  after  the 
militia  shall  have  been  thus  mustered  into  the  service  of 
the  United  States,  their  character  is  changed  from  state  to 
national  militia,  and  the  authority  of  the  state  government 
over  them  ceases. 

350.  The  militia  is  organized,  by  their  formation  into 
bodies  of  men,  and  the  denomination  and  rankof  oflicers, 
which  is  done  by  congress.  Congress  also  prescribes 
the  manner  of  arjiiing  the  infantry,  cavalry,  artillery,  and 


Plow  are  delinquents  adjudged.  356.  By  what  i.s  the  government 
di-afiing,  &c.  of  the  rnibtia  prescribed?  ?>bl.  Wha^  persons  are 
■exempt  from  duty  by  tlie  laws  of  the  United  Sia'e.s?  358.  When  i,s 
the  militiato  be  considered  in  the  service  of  the  United  States' 
35!).  What  is  meant  by  organizing,  arming,  and  diseiplining  the 


146  GOVERNMENT  OF  TUE  V.  STATES,  Part  III. 

Other  descriptions  of  force :  as  also  the  mode  in  which 
they  shall  be  disciplined;  that  is,  the  system  of  exercise 
in  which  they  shall  be  instructed. 


CHAPTER  XXII. 
Of  the  Post  Office. 


360.  Congress  has  power  "  to  establish  post  officcf 
and  post  roads."  The  general  object  of  this  power  is  to 
provide  for  facilitating  the  transmission  of  intelligence, 
and  for  promoting  a  free  and  easy  intercourse  among  the 
difterent  parts  of  this  union. 

361.  A  general  post  office  wa.s  established  by  the  colo- 
nial congress,  as  early  as  the  year  1?75.  lil^e  laws  by 
which  it  has  been  regulated,  h#ve  been  changed,  from 
time  to  time,  as  improvements  ^re  .suggested,  and  the 
increase  of  its  business  demanded.  'The  business  of  the 
general  post  office  is  under  the  supervision  ol'  a  post' 
master  general.  This  officer  has,,for  the  last  few  years, 
been  considered  a  member  of  the  president's  cabinet ;  and 
the  general  post  office  is  spoken  of  as  being. an  auxiliary 
executive  department.  ^      .  ,."•    r 

362.  The  post  master  g3neral  has  the  direction  of  the 
affairs  of  the  department ;  he  has  two  assistants,  and  such 
clerks  as  may  be  necessary  to  perform  the  business  of  his 
office.  He  establishes  post  offices,  an4  appoii;A.  pest 
masters,  and  all  other  .pirsons  eniploye4^4n  any  fi  the 
departments  of  the  general  post  office,  eiii'S'gives  instruc- 
tions relative  to  their  dnties.  He  provides  for  carrying 
the  mail  on  all  post  roads,  as  often  as  he  may  think  prop 
er ;   and  he  pays  all  the  expenses  of  the  department. 


3(30.  What  is  the  object  of  the  power  to  establish  pasi  o^cet.  and 
post  roatis?  "61.  What  is  the  chief  officer  of  the  general  post 
office   called?    3C2.  What  are  his  duties?    3C3.  Hoav  are  contracts 


Chap.  XXII.         or  the  post  office.  147 

363.  Contracts  for  the  transportation  of  the  mail,  are 
made  as  follows : 

The  post  master  general  gives  twelve  weeks  previous 
notice,  in  one  newspaper  published  at  the  seat  of  govern- 
ment, and  ]n  one  or  more  in  the  state  in  which  contracts 
are  to  be  made  for  transporting  the  mail,  that  such  con- 
tracts are  to  be  made.  Those  who  wish  to  engage  to  trans- 
port the  mails  on  any  of  the  routes  advertised,  send  their 
proposals  to  tlie  post  master  general,  stating  the  lowest 
sum  for  which  they  w-ill  agree  to  carry  the  mail.  He 
that  proposes  to  carry /or  the  least  sum,  has  the  contract. 

364.  The  rates  at  which  letters,  newspapers,  pamphlets, 
6lc.  are  carried,  are  established  by  law,  and  are  as  fol- 
lows : 

For  every  letter  composed  of  a  single  sheet  of  paper, 
not  exceeding  thirty  miles,  six  cents :  ipver  thirty,  :aot  ex- 
ceeding eighty,  ten  cents  :  o\-er  eighty,  not  exceedins:  one 
.hundred  and  iifry,  twelve  and  a  half  cents  :  over  one  hun- 
dred and  fifty,  not  exceeding  four  hundred,  eig.hteen  cents 
and  three  fourths :   over  four  hundred,  twenty-five  cents. 

For  every  double  letter,  or  letter  composed  of  two  pie- 
■  3  of  paper,  double  those  rates :  for  every  triple  letter, 
three  tinits  iho.se  rates ;  and  for  every  packet  of  four  or 
more  pieces  of  paper,  and  weighing  one  ounce,  four  times 
those  rates ;  and  in  proportion  for  all  greater  weights. 
No  packet  of  letters  transported  by  water  mails,  are 
charged  with  more  than  quadruple  postage,  unless  the 
same  contain  more  than  four  letters ;  and  no  post  master 
may  put  into  the  mail  any  packet  of  more  than  three 
pounds  weight. 

365.  Every  four  folio  pages,  or  eight  quarto,  or  sixteen 
octavo,  or  twenty  four  duodecimo  page.s,  or  pages  of  less 
size  than  that  of  a  pamphlet  or  magazine,  are  considered 
a  sheet.  .  The  rates  of  postage  on  newspapers,  pamphlets, 
magazines,  &c.  are  as  follows : 


made  for  the  transpcrlatjon  of  the  mail?     3G4.  Ai  what  rates  are 

single  letters  carried  bj-  mail?     Double  letter.s?     Triple  letters? 

When  a  packet  contains  four  or  more  pieces  of  paper?    365.  How 

any  printed  pages  are  considered  a  sheet?     What  are  the  rates 


148  GOVERNMENT  OF  THE  V.  STATES.         Part  III. 

On  every  newspaper  carried  any  distance  within  the 
state,  the  postage  is  op.e  cent :  if  carried  over  one  hundred 
miles,  and  ovit  of  the  slate  in  which  it  is  mailed,  one  cent 
and  a  half 

On  periodical  pamphlets  and  magazines,  such  as  arc 
issued  in  ninnbers  at  regular  ititervals,  carried  not  over 
one  hundred  miles,  one  and  a  half  cents  a  sheet ;  over  one 
hundred  miles,  two  and  a  half  cents. 

366.  Any  memorandum  or  writing  on  a  nev.'spaper 
transmitted  by  mail,  is  charged  with  Ittter  postage:  but 

.the  publisher  of  a  newspaper  may  send  a  printed  or  writ- 
ten notice  to  a  subscriber,  stating  the  amount  due  on  his 
subscription  ;  for  which  notice  there  shall  be  charged  the 
Fame  postage  as  for  a  newspaper. 

367.  The  following  ofiicers  are  allowed  to  send  and  to 
receive  their  letters  and  packets  free  of  postage  : 

Every  post  master,  provided  each  oi  his  letters  or  pack- 
ets shall  not  exceed  half  an  ounce  in  weight:  every  mem- 
ber of  congress,  provided  each  letter  or  pamphlet,  (except 
documents  printed  by  order  of  congress,)  shall  not  exceed 
two  ounces  in  weight,  during  his  attendance  in  any  ses- 
sion of  congress,  and  sixty  days  before  and  af;er  such 
session;  and  all  the  civil  officers  at  the  seat  of  govern- 
ment: and  each  may  receive  a  newspaper  free  of  postage; 
provided  that  no  post  master  shall  receiA-e,  free  of  postage, 
more  than  one  daily  newspaper,  or  what  is  equivalent 
thereto ;  and  that  no  member  of  congress  shall  receive 
newspapers,  free  of  postage,  after  his  privilege  of  frank- 
ing shall  have  ceased.  To  frank,  means;,  to  exempt  a 
letfer  or  packet  from  postage.  The  person  entitled  to  this 
privilege,  writes  on  the  outside  of  the  letter  or  packet, 
his  name  and  office  ;  and  the  same  is  sent  free. 

Every  printer  of  a  newspaper  may  send  one  newspa- 
per to  every  other  printer  of  a  newspaper,  free  of  post- 
^ge-  ^ 

of  postage  on  ne-w'spapers,  pamphlets,  and  magazines?  366.  What 
is  chars'ed  on  a  paper  on  which  there  is  a  memorandum  or  wri- 
ting! What  privilege  has  a  publi.sher  of  a  newspaper?  367.  What 
oflicers  may  send  and  receive  letters  and  packets  free?  and  to  what 
extent?    What  is  it  to  frank  a  letter  or  packet?     What  privile  ge 


Chap.   XXII.  OF  THE   POST  OFFICE.  149 

368.  At  the  end  of  every  quarter,  every  post  master  i^ 
required  to  publish  in  a  newspaper,  at  or  nearest  the  place 
of  his  residence,  for  three  successive  weeks,  a  list  of  all 
the  letters  remaining'  in  his  office,  or  shall  cause  a  num- 
ber of  such  lists  to  be  posted  ud,  in  his  vicinity ;  and  he 
is  required,  at  the  expiration  of  the  next  three  months,  to 
send  such  of  the  said  letters  as  then  remain  on  hand,  as 
dead  letters,  to  the  general  post  office,  where  they  are  ex- 
amined;  and  such  of  them  as  are  found  to  contain  any 
matter  of  value,  are  returned  to  the  writers  thereof 

869.  Post  masters  are  allowed  as  a  compensation  for 
their  services,  a  commission  on  letter  postages  by  theirf 
received,  not  exceeding  the  following  several  rates  on  the 
anioiint  received  in  one  quarter  : 

On  a  sum  not  exceeding  one  hundred  dollars,  30  per 
cent ; 

On  any  sum  over  and  above  the  first  hundred  dollars, 
and  not  exceeding  four  hundred,  25  per  cent. : 

On  any  sum  over  and  above  the  first  four  hundred  dol- 
lars, and  not  exceeding  two  thousand  four  hundred,  20 
per  cent. : 

On  any  sum  over  and  above  the  first  two  thousand  four 
hundred  dollars,  8  per  cent.  : 

On  moneys  received  for  the  postage  of  newspaper.'^, 
magazines  and  pamphlets,  a  commission  of  50  per  cent.  : 
Post  masters  vv-hose  compensation  does  not  exceed  five 
hundred  dollars  a  quarter,  are  allowed  two  cents  for  eve- 
ry free  letter  delivered  out  of  their  ofiices.  Whenever 
the  yearly  emoluments  of  any  post  master  exceed  two 
thousand  dollars,  over  and  above  all  the  expenditures 
incident  to  his  office,  the  surplus  is  paid  over  to  the  de- 
partment. 

370.  The  post  master  general  renders  to  the  secretary 
of  the  treasury,  a  quarterly  account  of  all  the  receipts  and 


has  the  printer  of  a  pnper?  3G8.  Wlien,  and  in  what  manner,  are 
letters  advertised?  How  are  dead  letters  disposed  of?  369.  What 
compensation  do  post  masters  receive  for  their  services?  370.  How 
often  are  the  accounts  of  the  department  settled?  What  is  the  post 
master  general's  salary? 


150  GOVERNMENT  OF  THE   U.   STATES.         Part  III. 

expenditures  in  his  department.  Returns  are  in  like 
manner  made  to  the  post  master  general,  by  all  the  depu- 
ty post  masters.  The  salary  of  the  post  master  general 
is  $6000  a  year. 


CHAPTER  XXIII. 

District  of  Columbia — -Local  Jurisdiction,  Sec. 

371.  Congress  has  the  power  "  to  exercise  exclusive 
legislation  in  all  cases  whatsoever,  over  such  district  (not 
exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
states,  and  the  acceptance  of  congress,  become  the  seat  of 
government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased,  by  the  consent  of  the 
legislature  of  the  state  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings." 

372.  The  establishment  of  a  permanent  seat  of  gov- 
ernment for  the  United  States,  after  the  treaty  of  peace 
with  Great  Britain,  received  the  early  attention  of  con- 
gress. In  October,  1783,  it  v^-as  resolved,  that  buildings 
for  the  use  of  congress  should  be  erected  on  the  banks  of 
the  Delaware.  A  few  days  later,  it  was  resolved,  that 
buildings  for  a  similar  purpose  should  likewise  be  erected 
on  the  Potomac,  wath  a  view  of  reconciling ihe  conflict- 
ing wishes  of  the  northern  and  southern  states,  by  estab- 
lishing two  seats  of  government.  In  December,  1784,  it 
was  further  resolved  that  a  district  should  be  purchased 
on  the  banks  of  the  Delaware,  for  a  federal  town,  and  that 
contracts  should  be  made  for  erecting  a  house  for  the  use 
of  congress  and  the  executive  officers,  and  suitable  build- 
ings for  the  residence  of  the  president  and  the  secretaries 


371.  Over  what  places  has  congress  power  to  exercise  exclusive 
legislation?  372.  What  were  the  early  measures  taken  by  con- 
gress respecting  the  location  of  the  seat  of  government?  How  was 


Chap.   XXIII.  LOCAL  JURLSDICTION.  15L 

of  the,  several  departments.  But  the  appropriation  of  the 
necessary  fund  for  these  purposes,  requiring  the  assent  of 
nine  states,  was  prevented  by  the  southern  interest.  In 
1700,  a  compromise  was  made,  b}'^  which  the  friends  of 
Philadelphia,  in  consideration  of  having  the  seat  of  gov- 
ernment at  that  city,  during  ten  years,  the  time  estimated 
to  be  necessary  for  the  erection  of  the  public  buildings, 
agreed  that  the  seat  of  government  should  be  permanently 
fixed  on  the  Potomac. 

373.  The  territory  in  which  the  seat  of  government  is 
located,  is  ten  miles  square.  It  was  ceded  to  the  general 
government  by  the  states  of  Maryland  and  Virginia,  and 
erected  into  a  district,  under  the  exclusive  jurisdiction  of 
congress,  by  the  name  of  the  "District  of  Columbia^ 
In  the  city  of  Washington,  which  is  built  near  the  centre 
of  the  district,  the  necessary  buildings  are  erected  for  the 
accommodation  of  the  general  government,  where  its  seat 
v,-as  established  at  the  commencement  of  the  present  cen- 
tury. It  was  in  view  of  the  acquisition  of  this  terrritory, 
that  provision  was  made  in  the  constitution  for  its  govern- 
ment. 

374.  It  is  obviously  necessary  and  proper  that  congress 
should  possess  supreme  control  at  the  seat  of  the  national 
government;  and  that  the  members  of  the  general  gov- 
ernment should  not  be  dependent  on  a  state  for  protection 
in  the  exercise  of  their  duties. 

375.  As  the  inhabitancs  of  this  district  have  placed 
themselves  under  the  government  of  congress,  they  have, 
no  voice  in  the  election  of  representatives,  nor  of  electors 
of  president  and  vice  president.  Although  laws  are  from 
time  to  time  passed  by  congress  for  the  government  of 
this  district,  these  acts  principally  adopt  the  laws  of  Ma- 
ryland and  Virginia,  as  the  law  of  the  several  portions  of 
the  district  ceded  by  those  states  respectively. 


the  question  at  length  settled?  373.  How  large  is  the  territory  of 
the  District  of  Columbia?  By  what  states  was  it  ceded?  In  what 
city  is  the  seat  of  government?  374.  Why  is  jurisdiction  over  the 
territory  given  to  congress?  375.  What  laws,  principally,  doe.s 
congress  adopt  for  the  government  of  the  territory?     376.    Over 


152  GOVERNMENT  OF  THE  U.  STATES,  Part  Hi 

376.  It  is  equally  necessarj'^  that  congress  should  ex- 
ercise like  authority  ov^er  the  Ibrts,  arsenals,  dock  yarde, 
and  other  property  of  the  United  States;  as  the  public 
money  expended  on  such  places,  and  the  public  property 
deposited  in  them,  require  that  they  should  be  exempt 
from  the  authority  of  the  particular  state  in  which  they 
are  situate. 

377.  The  power  of  congress  to  legislate  exclusively 
within  any  place  ceded  by  a  state,  carries  with  it  the  right 
to  make  that  power  effectual.  Congress  may  provide,  by 
law,  for  the  apprehension  of  a  person  who  escapes  from 
such  place,  after^comitting  a  felony;  for  conveying  hira 
to  or  from  any  other  place  for  trial  or  execution.  Con- 
gress may  punish  those  for  misprision  of  felony,  who,  out 
of  a  fort,  conceal  a  felony  committed  vvnthin  it.  To  give 
the  United  States  exclusive  legislation  and  jurisdiction 
over  any  place  in  a  particular  state,  there  must  be  a  free 
cession  thereof,  for  one  of  the  purposes  specified  in  the 
foregoing  clause  of  the  constitution.  Such  jurisdiction 
cannot  be  acquired  tortiously,  nor  by  occupancy  with  the 
tacit  consent  of  the'State. 

378.  When  a  plncejias  been  purchased  by. the  United 
St:ites,  for  tJie  erection  of  a  fort,  with  the  tonsent  of  the 
state,  the  jurisdiction  of  the  state  ceases  therein,  and  the 
inhabitants  of  such  place  cannot  exercise  therein  any  civil 
or  political  privileges  un<:]er  the  laws  of  the  state,  as  they 
are  not  subject  to  such  laws,  nor  bound  to  pay  taxes  im- 
posed by  their  authority. 

what  other  places  has  congress  cxcln'^ive  authorityf  377.  What 
right  i.s  necess-.xrily  exerci-ed  in  the  power  of  congress  to  exercj.^-^e 
exclusive  legii-Uiiion?  378.  When  docs  the  stale  jurisdiction  over 
ceded  territory  cease? 


Chap.  XXIV.    MISCELLANEOUS  POWERS.  153 

CHAPTER  XXIV. 

Miscellaneous  Powers  of  Congress^ 

379.  Congress  has  power  "to  declare  the  punishineJit 
ol"  treason."  This  power, is  indispensable  to  the  preser- 
vation of  the  government ;  and  thongh  it  might  have  been 
i.nferred  from  the  power  of  self-defence,  which  every 
government  is  presumed  to  possess;  yet  it  is  with  great 
propriety  inserted  in  the  constitution. 

380.  The  constitution,  with  equal  prQpriety,  contains  a 
delinition  of  the  crime,  prescribes  the  proof  requisite  for 
conviction,  and  restrains  congress  in  punishing  it.  It 
declares  that  treason  against  the  United  States  shall  con- 
sist in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  The  term,  "  lev- 
ying war,"  is  adopted  from  the  English  statute  of  treasons, 
and  has  that  sense  in  the  constitution  which  it  was  under- 
stood to  have  in  the  English  statute,  from  which  it  was 
borrowed.  An  assemblage  of  men,  for  a  treasonable  pur- 
P'jse,  such  as  war  against  the  government,  or  a  revolution 
of  any  of  its  territories,  and  in  a  condition  to  make  such 
war,  constitute^  a  levying  of  war. 

381.  War  can  be  levied  only  by  the  employment  of 
force;  troops  must  be  embodied,  men  must  "be  openly 
raised  ;  but  neither  arms,  nor  the  actual  application  of  the 
force  to  the  object,  are  indispensably  requisite.  To  march 
in  arms  with  a  force  marshalled  and  arrayed,  committing 
acts  of  violence,  in  order  to  compel  the  resignation  of  a 
public  officer,  thereby  to  render  ineffective  an  act  Qif  con- 
arress,  is  hio-h  treason.  When  war  is  levied,  all  who 
perform  a  part,  however  remote  from  the  scene  of  action, 
being  leagued  in  the  conspiracy,  commit  treason.  If  ono 
advise  or  command  an  overt  act  of  treason,  he  is   guilty 


379.  Why  is  the  power  of  congress  to  puni.sh  treas-on  necesse^^? 
380,381.  In  what  does  the  cons! itulioTi  declare  treason  to  coiiSJst? 
How  is  "levying  war"  defined!  How  is  treason  punished?  382.  Is 


\5A  GOVERNMENT  OF  THE   U.   STATES.         Part  III. 

accessorily.     Treason,  by  the  laws  of  the  United   States, 
is  punishable  v/ith  death. 

382.  But  a  mere  conspiracy  to  levy  war  is  not  treason. 
A  secret,  unarmed  meeting  of  conspirators,  not  in  force, 
nor  in  warlike  Ibrm,  though  met  for  a  treasonable  purpose, 
and  enlisted,  is  not  treason ;  but  these  offences  are  high 
misdemeanors. 

383.  In  prescribing  the  prOof  necessary  for  convic- 
tion of  treason,  the  constitution  requires  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  the  confession  of 
the  offender  in  open  court. 

384.  No  attainder  of  treason  shall  Avoi'k  corruption  of 
blood,  or  forfc-iture,  except  during  the  life  of  the  person 
attainted.  Corruption  of  blood,  by  the  common  law  of 
England,  signifies  that  a  person  attainted  of  felony,  for- 
feits his  estate;  and  that  he  can  neither  inherit  lands 
from  his  ancestors,  nor  transmit  them  to  his  Ireirs.  But 
the  constitution  of  the  United  States  very  properly  pro- 
hibits this  illiberal  and  unjust  practice;  aiid  in  the  exer- 
cise of  this  power,  congress  has  declared,  that  "  no  con- 
viction or  judgment  shall  work  corruption  of  blood,  or 
anij  forfeiture  of  estate  ;"  so  that  the  forfeiture  may  be 
omitted,  eve?i,duri?ig  the  life  of  the  offender. 

385.  Full  faith  and  credit  shall  be  given,  in  each  state, 
to  the  public  acts,  records  and  judicial  proceedings  of  ev- 
ery other  state.  And  congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts,  recoidsand  pro- 
ceedings shall  be  proved,  and  the  effect  thereof.  This 
provision  was  designed  to  secure  the  rights  of  those  who 
are  liable  to  suffer  losses  and  injustice  from  the  removal 
of  persons  and  their  property  into  another  state;  as  it  was 
to  be  presumed  that  cases  of  this  kind  would  frequently 
occur  near  the  borders  of  states.  Congress  has,  in  the 
e.verci.se  of  this  power,  prescribed  the  manner  of  authen- 
ticating such  records,  and   declared  that   they  shall   have 


a  mere  ctfW5;jiracy  to  levy  war  treason?  383.  What  proof  is  required 
to  convifit  of  ireasijQ?  38i.  How  is  the  punishment  of  treason 
ri";tricled?  What  is  meant  by  corriiflion  of  blood?  38.5.  What 
<locs  the  confutation  provide  re.speciing  the  proof  and  effect  of 


Chap.  XXIV.         MISCELLANEOUS  POWERS,  155 

such  credit  in  every  court  within  the  United  States,  aa 
they  have  in  the  courts  of  the  state  from  which  they  are 
taken. 

386.  New  states  may  be  admitted  by  congress  into 
the  union.  As  the  United  States,  at  the  time  of  the  adop- 
tion of  the  constitution,  possessed  a  large  national  territory, 
and  as  more  might  be  acquired  by  cession  or  otherwise, 
the  power  to  form  new  states,  and  to  admit  them  into  the 
union,  was  necessary;  and  it  could  not  with  propriety 
have  been  vested  elsewhere  than  in  the  national  govern- 
ment. But  no  new  state  may  be  formed  or  erected  witii- 
in  the  jurisdiction  of  any  other  state  ;  nor  may  any  state 
be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislatures  of  the 
sW.es  concerned,  as  well  as  of  congress. 

387.  Congress  has  power  also  to  dispose  of,  and  make 
all  needful  rules  respecting  the  territory  or  other  property 
of  the  United  States.  The  pov/er  of  congress  to  exercise 
authority  over  the  territory  ceded  to  the  United  States, 
during  the  existence  of  the  confederation,  had  been  dispu- 
ted ;  an  express  grant  of  this  power  was  therefore  inserted 
in  the  constitution.  As  the  general  government  possessed 
the  right  to  acquire  territory,  it  should  also  have  the  pow- 
er to  govern  the  same;  as  the  territory  so  acquired  does 
not  become  entitled  to  the  right  of  self-government,  and 
is  not  subject  to  the  jurisdiction  of  any  individual  state. 
But  nothing  in  the  constitution  may  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any  par- 
ticular state. 

388.  The  Uiiited  States  are  bound  to  guaranty  to  every 
state  in  the  union,  a  republican  form  of  government;  and 
to  protect  each  of  them  against  invasion  ;  and,  on  applica- 
tion of  the  legislature,  or  of  the  executive,  (when  the 
legislature  cannot  be  convened,)  against  domestic  vio- 
lence.    Without  this  guaranty,  the  states  could   not  de- 


state  records.  &c.?  What  is  the  object  of  this  provision?  38G.  Whv 
wa.-;  the  power  to  admit  new  states  into  the  union  necessary?  How 
is  ihis  power  restricted?  387.  What  power  has  contfress  respectinij 
the  territory  and  property  of  the  United  States?   ^388.  What  are 


156  GOVERNMENT  OF  THE  V.  STATES.  *    Part  IIL 

niand  from  the  general  government  any  interference  io 
preserving  their  constitutions,  wlien  threatened  by  domes- 
tic commotions  ;  nor  could  the  general  government  con- 
stitutionally afford  assistance  to  the  supporters  of  thestato 
governments.  And,  without  authority  to  protect  the  sev- 
eral states  against  invasion,  and  to  aid  them  in  maintaining 
their  repubiican  forms  of  government,  there  would  be  no 
security  to  the  general  government  itself  For,  should 
one  state  after  another  be  permitted  to  relinquish  its  re- 
publican form  of  government,  the  whole  system  might 
ultimately  be  subverted.  A  state,  however,  may  make 
any  alteration  in  its  constitution,  that  shall  not  change  its 
republican  form. 

389.  Congress  may  propose  amendments  to  the  consti- 
tution, whenever  two  thirds  of  both  houses  shall  deem  it 
necessary;  or,  on  application  of  the  legislatures  of  two 
thirds  of  the  several  states,  it  shall  call  a  convention  for 
proposing  amendments.  Amendments,  thus  proposed, 
are  valid,  as  a  part  of  the  constitution,  when  ratified  by 
the  legislatures  of  tiiree  fourths  of  the  several  states,  or 
by  conventions  in  three  fourths  of  the  states,  es  the  one 
or  the  other  mode  of  ratiticution  may  be  proposed  by  con- 
gress. 

390.  It  was  presumed  by  the  framers  of  the  constitu- 
tion, that,  notv/ithstanding  the  care  with  which  it  had 
been  prepared,  experience  would  discover  it  to  be.  imper- 
fect; or  that,  how  well  soever  it  might,  at  that  time,  serve 
all  the  purposes  of  government,  tim.e  and  change  of  cir- 
cumstances would  render  some  alterations  necessary.  It 
was  therefore  requisite  that  some  mode  of  am.ending  if 
should  be  provided.  But  lest,  by  such  provision,  tb< 
government  should  be  rendered  unstable,  by  too  frequeni 
alterations,  modes  of  amendment  were  adopted  which  aro 
calculated  to  guard  against  any  alteration  that  is  not  re' 
quired  to  remedy  some  palpable  inconvenience. 


the  United  Slates  bound  to  guaranty  to  theseveral  states?  Wh)^  is 
tills  provision  ijecessary?  oS9.  How  are  amendments  to  the  con- 
sutution  proposed?  Wiiat  is  necessary  to  their  Ijecomipg  valid,  as 
a  part  of  the  constituiion'?    2J0.  What  is  the  object  ul'  a  provisiou 


Chap.   XXIV.        MISCELLANEOUS   POWERS.  157 

391.  The  power  to  amend  the  constitution  does  not, 
however,  extend  to  every  provision.  It  was  provided  that 
no  amendment  which  might  be  made  prior  to  the  year 
1808,  should  affect  the  first  clause  in  the  ninth  section  of 
the  first  article,  which  allowed  the  importation  of  slaves 
to  that- period;  and  the  fourth  clause  of  the  same  section, 
Avhich  provides,  that  direct  taxes  be  laid  in  proportion  to 
the  census  or  enumeration  directed  by  the  constitution  to 
be  taken,  requiring  the  addition  of  three  fifths  of  the 
number  of  slaves  to  the  number  of  free  persons.  It  is 
also  provided,  that  no  state  shall,  without  its  consent,  be 
deprived  of  its  equal  suffrage  in  the  senate.  The  first 
montioned'of  these  restrictions,  has  ceased  to  have  effect ; 
the  last,  securing  to  each  state  an  equal  representation  in 
the  senate,  is  ]>erpetual. 

392.  Since  the  adoption  of  the  constitution,  amendments 
or  additions  have  been,  at  three  difierent  times,  proposed 
hy  congress,  and  ratified  by  the  people.  The  first  ten 
articles  of  the  amendments  were  proposed  'at  the  first 
session  of  the  first  congress,  which  was  begun  and  held 
nt  the  city  of  New  York,  on  the  4th  of  March,  1789,  and 
were  adopted  by  the  requisite  number  of  states.  7^he 
eleventh  article  was  proposed  at  the  second  session  of  the 
third  congress.  And  the  twelfth  article,  which  changes 
the  mode  of  electing  the  president  and  vice  president,  was 
proposed  at  the  first  session  of  the  eighth  congress.  This 
amendment  having  been  adopted,  the  3d  clause  of  the  1st 
section  of  the  •2d  article  of  the  constitution  was  thereby 
repealed. 

393.  Frequent  attempts  have  been  made  during  the  last 
few  years,  to  propose  amendments  to  the  constitution  ; 
but  the  veneration  with  which  the  people  regard  this  in- 
strument, and  their  jealousy  of  any  attempts  to  change  a 
form  of  government  under  which  they  have  enjoyed  un- 
exampled prosperity,  have  rendered  these  attempts  unsuc- 


for  its  amendment?  391.  What  restriction  was  imposed  upon  the 
power  to  amend  the  constitution?  392.  What  amendments  have 
been  made  to  the  coasiicution  since  iis  adoption?  and  at  what  peri- 
ods? 393.  What  has  been  the  result  of  the  late  attempts  to  propose 


158  GOVERNMENT  OF  THE  U.   STATES.         Part  III. 

cessful.  The  people  seem  disposed  to  submit  to  somu 
trifling  inconveniences,  rather  than  to  give  countenance 
to  a  spirit  of  innovation,  which,  if  encouraged,  may  end 
in  a  change  of  the  fundamental  principles  of  the  govern- 
ment. Of  the  twelve  articles  styled  "amendments,"  which 
have  been  incorporated  into  the  constitution  since  its  ad- 
option, it  will  be  seen,  that  none  but  the  last,  (which 
changes  the  mode  of  electing  president,)  repeals  or  makes 
void  anj''  part  of  the  constitution  originally  adopted. 

394.  By  providing  that  amendments  shall  not  even  be 
proposed  to  the  people,  but  by  two  thirds  of  both  houses 
of  congre.ss,  or  that  a  convention  for  proposing  amend- 
ments shall  not  be  called  by  congress,  until  requested  U 
do  so  by  the  legislatures  of  two  thirds  of  the  severa 
states ;  and  by  providing  further,  that  before  amendments 
thus  proposed  shall  be  valid,  they  must  be  ratified  either 
by  the  legislatures  of  three  fourths  of  the  states,  or  by 
conventions  of  delegates  chosen  by  the  people  of  three 
fourths  of  the  states :  the  constitution  seems  to  be  amply 
guarded  against  unnecessary  amendments  or  mutilations. 
The  approval  of  the  president  is  not  required  to  an 
amendment  of  the  constitution  proposed  by  congress. 


CHAPTER  XXV. 

Incidental  Powers  of  Congress. 

395.  To  the  powers  delegated  to  congress  by  the  con- 
stitution, is  added  a  general  power  "  to  make  all  law? 
which  ^hall  be  necessary  and  proper  for  carrying  intc 
execution,  the  foregoing  powers,  and  all  other  powers  ves- 
ted by  the  constitution  in   the  government  of  the  Uniteo 


amendments  to  the  constitution?     394.  For  what  reason  was  so 
difficuli  a  mode  of  amendment  adopted? 

39-5.  What  general  power  i.*;  delegated  to-congrcss?     What  docs 
necessary  here  mean?     Why  is  this  power  deejned   necessarj? 


Chap.   XXV.    INCIDENTAL   POWERS  OF  CONGRESS.        159 

States,  or  in  any  department  or  officer  thereof."  The 
word  "  necessary,"  in  the  foregoing-  clause,  means  need- 
fid,  essential,  conducwe  to,  and  gives  congress  the  choice 
of  the  means  best  calculated  to  exercise  the  powers  it 
possesses.  Without  such  a  power,  either  expressed  or 
implied,  many  of  the  powers  expressly  delegated,  could 
never  have  been  carried  into  effect. 

396.  In  pursuance  of  this  general  power,  congress  has 
power  to  inflict  punishment  in  cases  not  specified  by  the 
constitution;  such  power  being  implied  as  necessary  arid 
proper  to  the  sanction  of  the  laws,  and  the  exercise  of  the 
delegated  powers : 

To  exact  an  oath  of  office,  iii  addition  to  the  oath  of 
■'fidelity  prescribed  by  the  constitution  : 

To  punish  lurcony  of  letters  from  the  post  office,  or 
robbery  of  the  mail: 

To  secui-e  to  the  United  States  a  priority  of  paj'ment 
from  the  eflects  of  an  insolvent  debtor.  It  is  provided  by 
acts  of  congress,  that  in  all  cases  of  insolvency,  or  vt'here 
any  revenue  officer,  or  other  person,  becoming  indebted 
to  the  United  States,  by  bond  or  otherwise,  shall  become 
insolvent,  or  where  the  estate  of  any  deceased  debtor 
shall  n6t  be  sufficient  to  pay  all  his'  debts,  the  debt  due  to 
the  United  States  shall  be  first  fcafisned. 

397.  Under  the  general  power  to  pass  all  laws  neces- 
sarv^ll^rry  into  exccutioi,!  the  powers  vested  in  the  gov- 
ernT^^pcbngress  has  also  exercised  the  power  to  creiite 
corporations,  and  establish  a  bank.  This  power  was 
exercised  by  the  first  congress  under  the  constitution,  by 
the  passing  of  the  act  incorporating  a  national  bank,  in 
in  1791;  and,  subsequently,  in  1816,  by  the  incorporation 

'i'  a  new  bank,  after  the  charter  of  the  first  was  expired. 

398.  The  c;pn£titutionality  of  this  power  has,.iiowever, 
been  seriously  questioned ;  and  iis  exercise  has  met  with 
much  opposition  in,  congress.  Although  tKe .opinion  of 
the  supreme  court  has  repeatedly  been   given  in  acco^  i- 


396.' What  are  some  of  tb  encases  in  which  this  poM'er  hasbcett%:c- 
.ercised'?  397.  Wnen  wa-s  the ,  first  naiional  bank  created?  •  Tli" 
'i^ecwnd'?    398.  What  is  said  of'the  Constiiaitiotiality  of  thisinsUtu- 


160  GOVEKNMKNT  OF  THE   U.  STATES.  Pai:t  III. 

ance  with  that  of  a  majority  of  congress :  yet  the  ques- 
tion is  by  no  msans  sstiled.  Il  is  a  question  whicli  iuis 
undergone  much  discus.sion  and  investigation,  and  on 
which  there  is  still  a  great  difference  of  opinion.  Bills 
for  renewal  and  incorporation,  have  several  times  received 
the  executive  veto,  under  difierent  administrations.  And 
it  i.s  admitted  by  the  advocates  of  this  power,  that;  to  jus- 
tify its  exercise  in  the  creation  of  a  bank,  such  a  corpora- 
tion must  be  deemed  necessary  to  carry  iuto  effect  some 
power  vested  in  the  ge-neral  govurnmtnt. 

399.  Under  the  povv'er  to  establish  post  offices  and  post 
roads,  and  the  power  to  raise  money  to  provide  for  the 
general  welfare,  as  well  as  the  power  to  pass  all  laws 
neces.5ary  and  proper  for  cirrying  iuti  execution  t]ie 
powers  vested  in  the  general  government,  congress  has, 
at  different  tim?s,  set  apart  funds  for  iii(cr)i%l  imrpove- 
tnenlx  in  the  s:'.atcs,  by  means  of  roads  and  canals. 

400,.  h  has  been  the  practice  to  allow  to  the  new  states 
a  pprlion  of  the  .proceeds  of  the  sales  of  pi:tblic  lands,  tn 
be  laiijj  out  in  the  construction  of  roads  aiul  canals  within 
those  slater,  or  leading  totbera.  The  .Cumberland  roj^d 
was  constructed  under  the  act  of  March,  1&,0G,  under  a 
covenant  mvtda  with  tbe  stale  of  Ohio,  that  a  portion  of 
the  proceeds  of  the  sales  of  public  lands  lying  within 
that  state,  shp^tld  b^  applied  to  the  opening  of  the  roads 
leadiffg  to  that  state,  with  the  consent  of  the  irtate^hrough 
which  the  road  mLii^-ht  pass.  "After  the  <HxpendiSBP^pon 
that  road  had-  exceeded  the  proceeds  of  the  sales  of  tlio 
public  lands  in  Ohio,  a  bill  passed  l;y  both  houses  of  con- 
gress,.in  18)7,  appropriating  funds  i'or  co;;tinuing  it,  was 
negatived  by  the  president,  on  the  ground  that  the  consti- 
tution did  not  authorise  the  making  of  roads  and  canals, 
and  improving  v/ater,-courses,  through  the  different  states; 
ror  could  the  states  cnnfer  the  power.  In  1832,  a  bill 
appropriating  money  for  repairing  tliis  road,  and  estab- 
Jishing  toll  gates  upon  it,  was  objected  to  by  the  president. 

•  . ...  --i ■ 

tj-on"!  On  \rliat  grounds  only,  if  on  any,  is  it  justifiable?  399.  Jn 
w!)at  powers i^  the  fwwer  to  ran,ke  internal  improvements  implied? 
400.  Hoiv  was  the  Cumberland  road  authorized  to  be  constructed? 
VVia;  bilLs  relaiing  to  this  road  hav^e  been  negatived? 


Chap.  XXIV.  INCIDENTAL  POWKKS.  161 

401.  Several  presidents  have,  .successively,  denied  the 
power  of  congrebs  to  puss  bills  for  this  and  similar 
objects.  Buttiie  power  to  lay  out,  construct  and  improve 
post  roads  and  military  roads,  and  to  cut  canals  through 
the  states,  with  their  assent,  for  promoting  internal  com- 
merce, and  for  the  mors  safe  and  economical  transporta- 
tion of  troops  and  military  stores  in  time  of  war,  is  still 
claimed  by  congress,  and  pretty  generally  conceded.  And 
the  right  to  appropriate  money  for  improvements  which 
are  not  of  a  local  ot  state  char  act  f.r,  but  are  of  such  gen- 
oral  importance  as  to  give  them  a  national  character,  was 
admitted.hy  president  Jackson,  in  his  message  containing 
his  objections  to  a  bill  that  had  passed  both  houses  of  con- 
gress, authorizing  subscriptions  to  the  stock  of  the  Mays- 
rille  turnpike  road.  It  seems  ihir,  therefore,  to  conclude, 
from  the, general  practice  of  the  goi^ernment,  that  "the 
action  of  congress  may  be  applied  to  thosv".  internal  con- 
cerns which  affect  the  stat.s  generally,  but  not  to  those 
which  are  within  a  particular  state,  and  which  do  not 
affect  other  states." 

402.  The  pov.'ers  not  delegated  to  the  United  States  by 
ihe  constitution,  nor  prohibited  by  it  to  the  states,  are 
reserved  to  the  states  respecliveiy,  or  to  the  people.  This 
amendment  was  added  to  the  constitution  as  a  necessary 
rule  for  its  interpretation ;  but  the  amendment  itself  is 
liable  to.  mis-construction.  It  has  been  considered  as 
limitin^((jie  gen^^ral  governmeTiI  to  the  exercise  of  pov/- 
ers  expressed  in  the  constitution;  and  as  prohibtiing  the 
exercise  of  any  implied  power,  by  which  .is  meant,  a 
power  v^'hich  is  comprised  in  some  other  power,  or  which, 
results  from  it  as  a  necessary  consequence. 

403.  By  the  confederation,  each  state  retained  all  its 
sovereignty,  and  every  power  which  was  "  not  expressly 
delegated  to  the  United  States."     This  restriction  upon 


401.  -What  kind  of  iflternal  improvements  are  generally  consider- 
ed ivilhin  the  constiiuiional  power  of  congics.sf  402.  Wbal  pow- 
ers are  reserved  to  the  .'italesor  to  the  people'.'  Does  this  resincana 
limit  the  government  to  expressed  powerh?  What  is  meant  by  iw«- 
plied  povverJ    403.  Kow  was  the  power  of  congress  restricted  ua- 

M 


162  GOVERNMENT  OF  THE  U.  STATES.         Part  IH* 

the  powers  of  congress,  v/as  one  of  the  principal  defects 
of  the  confederation,  which  led  to  its  abolition.  It  had 
been  found  impossible,  in  an  instrument  of  this  kind,  to 
descend  to  all  the  minute  details  of  legislation  ;  as  it  could 
not  be  forseen  what  subjects  vvould  require  tiie  attention 
of  congress,  in  all  future  time.  For  the  purpose,  there- 
fore, of  giving  greater  latitude  to  the  powers  of  the  gov- 
ernment, the  word  "expressly,"  which  had  been  inserted 
before  "  deWgated,"  was  stricken  out  and  omitted. 

404.  It  must  be  presumed,  therefore,  that  this  article  of 
amendment  was  not  designed  to  restrict  the  powers  previ- 
ously granted  by  the  constitution.  By  this  rule  of  strict 
construction,  a  large  proportion  of  the  laws  now  in  ope- 
ration, would  be  unconstitutional  and  void ;  and  "  the 
power  to  make  all  laws  necessary  and  proper  to  carry 
into  efte'ct  the  powers  vested  by  tlie  constitution  in  the 
government,"  would  be  useless.  Congress  has  the  power 
"to  regulate  commerce;"  but  the  power  is  not  e-xpressly 
given  to  eiect  break-waters,  build  light-hou.ses,  and  re^ 
move  the  obstructi<jns  in  navigable  rivers :  this  power  is 
derived  only  by  implication,  beirig  necessarily  included 
in  the  power  to  regulate  internal  commerce.  Congress 
has  pov/er  to  punish  certain  crimes  expressed  in  the  con- 
stitution ;  but  it  is  not  to  be  supposed  that,  because  these 
crimes  are  expressed,  congress  has  not  the  power  of  pun-, 
ishing  others  not  expi'essed. 

405.  The  power  to  make  laws  for  any  pui^se  what- 
ever, would  be  wholly  nugatory  without  the  poAver  tO' 
enact  penalties,  whenever  it  may  be  necessary  for  carry-' 
inga  measure  into  effect:  yet  this  power  to  punish  is 
merely  an  implUd  power,  not  expressly  authorized  by  the 
constitution.  It  is  a  general  and  well  known  principle, 
that  all  bodies  politic  necessarily  possess  all  the  powers 
incident  to  a  corporate  capacity,  without  an  express  decla- 


der  the  confederation?  What  clianEje  wa-s  made  in  ihe  r.ew  con- 
stitution to  remedy  this  defect?  404.  What  would  be  the  effect  of 
a  strict  and  literal  coustnicti.in  of  the  constitution,  upon  existing 
laws?  405.  What  reasoni  aic  givca  in  favor  of  implied  consiitu- 
tiona]  powers? 


Chap.  XXV.         RESTR1CTI0N8  ON  CONGRESS.  163 

ration  to  that  effect :  and  the  amendment  in  question  could 
not,  therefore,  have  been  intended  to  abridge  any  power 
granted  by  the  constitution. 


CHAPTER  XXV. 

Restrictions  on  the  Poioers  of  Congress. 

406.  It  was  provided,  by  the  constitution,  that  congress 
should  not,  prior  to  the  year  1808,  prohibit  the  migration 
or  importation  of  such  persons  as  any  of  the  states,  exist- 
ing when  the  constitution  was  adopted,  might  think  prop- 
er to  ad>nit.  This  clause  has  reference  to  the  slave  trade, 
which  prevailed  extensively  in  the  United  States  when  the 
constitution  was  framed.  It  would  probably  have  been 
impossible  to  procure  its  ratification  by  the  number  of 
states  required  for  its  establishment,  without  recognizing 
the  right  of  the  states  for  a  period  to  continue  the  import- 
ation of  slaves.  However,  by  yielding  the  right  to  pro- 
hibit such  importation  for  a  specified  period,  it  doubtless 
contemplated  the  prohibition  after  that  period  should  have 
elapsed.  Laws  have  accordingly  been  passed,  from  time 
to  time,  for  the  suppression  of  the  foreign  slave  trade. 
[See  pages  137  and  138.] 

407.  It  is  indeed  to  be  regretted,  that  the  great  charter 
of  American  liberty  has  ever  sanctioned  this  horrid 
traffic ;  and  it  is  somewhat  remarkable,  that  a  provision 
of  this  character  should  be  adopted  by  a  people  that  had 
declared  it  be  a  self  evident  truth,  "that  all  men  are  crea- 
ted/ree  ajid  equal"  and  "  endowed  by  their  Creator  with 
the  itnalienahle  rights  of  life,  liberty,  and  the  pursuit  of 
happiness  ;"  and  Avho  had  solemnly  declared  any  form  of 
government  to  be  unjust,  that  did  not  "  derive  its  powers 
from  the  consent  of  the  governed.''^ 

406.  What  restriction,  relative  to  the  importation  of  slaves,  was 
imposed   on  congress?      407.  Is  the  slave  trade  ctnsistent  with 


164  GOVERNMENT  OF  THE  U.  STATES.         Part  III. 

403.  Th'."»  acknowledgment  of  the  right  of  man  to  hold, 
as  froperl'j,  his  fellow  man,  is  incompatible  with  a  just 
sense  ot  fr.jclom.  But  while  we  cannot  justify  this  prin- 
ciple, let  us  not  condemn  the  motives  of  those  who  allow- 
ed this  provision  to  be  incorporated  in  the  constitution; 
as  it  is  not  lo  be  i.oubted,  that  they  aimed,  in  all  their 
deliberations;  and  labors,  at  the  greatest  good  of  the  wholu 
nation.  And  it  certainly  affords  cause  for  gratulation, 
that  measuri'S  wars  so  promptly  adopted  to  abolish  the 
foreig-n  slave  trade,  at  the  earliest  period  permitted  by  the 
constitution. 

409.  Tiie  privilege  of  the  writ  of  habeas  corpus  may 
not  be  suspended,  unless  when,  in  case  of  rebellion  or 
inva.3ion,  the  pL^blic  safety  may  require  it.  Habeas  corpus, 
(Latin,)  signihes,  have  the  body.  If  a  person  has  been 
illegally  deprived  of  his  liberty,  he  may  petition  a  court 
or-jndge,  who  issues  a  writ  to  the  party  complained  of, 
coBimanding  him  to  have  the  body  of  the  person  conhned 
before  the  judge  or  court.  If,  upon  inquiry,  the  impris- 
onment is  found  to  have  been  illegal,  relief  is  granted. 
The  privilege  of  this  writ,  and  the  right  of  trial  by  jury, 
are  among  the  greatest  privileges  enjoyed  under  a  free 
government,  as  they  afitjrd  the  most  effectual  security  to 
the  rigiit  of  personal  liberty. 

410.  No  bill  of  attainder  or  ex  post  facto  law  may  be 
passed.  Bills  .of  attainder  are  acts  of  a  legislature,  by 
which  capital  punishments  are  inflicted  upon  persons 
pronounced  guiity,  without  trial  or  conviction  in  the  ordi- 
nary course  of  judicial  proceeding,^.  An  ex  post  facto 
law  is  a  law  that  declares  an  act  to  be  criminal  which 
was  not  so  bc'fore  the  law  was  passed  ;  or  that  renders  an 
act  punishable  in  a  manner  in  which  it  was  not  punisha- 
ble when  it  was  committed. 


the  declar.i'ions  of  Americans?  403.  Was  the  foreign  slave 
trade  prohibiied  as  soon  as  it  could  be  done  constitution  ally? 
409.  Wiint  is  the  meni,ing  of  hab-as  corjnis?  What  restriction  is 
imposed  on  cons<ress  concernin!^  the  writ  of  habeas  corpus?  410. 
WhAi  ar^  bills  of  altuindu?  Ex' post  facto  lnv/sl    411.    What  re- 


Chap.  XXV.        RESTRICTIONS  ON  CONGRESS.  165 

411.  No  capitation  or  other  direct  tax  may  be  laid,  un- 
less in  proportion  to  the  census  or  enumeration  taken  as 
directed  by  the  constitution.  Capitation  signifies  enu- 
meration of  heads.  A  capitation  tax,  usually  called  a 
poll  tax,  is  therefore  a  tax  laid  on  each  person.  Poll  is 
said  to  be  a  Saxon  word,  meaning  head ;  and,  by  a  slight 
change,  it  is  used  also  to  signify  an  election,  because  the 
result  depends  on  the  number  of  persons  that  act  in  it. 

412.  No  tax  or  duty  may  be  laid  on  articles  exported 
from  any  state.  No  preference  may  be  given,  by  any 
regulation  of  commerce  or  revenue,  to  the  ports  of  one 
state  over  those  of  another;  nor  may  vessels  bqund  to  or 
from  one  state  be  obliged  to  enter,  clear,  or  pay  duties  in 
another.  A  uniform  rate  of  duties  or  taxes  throughout 
the  states,  was  deemed  requisite  to  ensure  domestic  peacs 
and  harmony.  The  levying  of  higher  duties  in  the  ports  of 
one  state  than  in  those  of  another,  would  prove  a  fruitful 
source  of  jealousy  and  dissatisfaction.among  the  several 
members  of  liie  union.  Hence  the  propriety  of  this  con- 
stilutional  restriction. 

413.  No  money  may  be  drawn  from  the  treasury,  but 
in  consequence  of  appropriations  made  by  law :  and  a 
regular  statement  and  account  of  the  receipts  and  expen- 
ditures of  all  public  money,  must  ht  published  from  time 
to  time.  As  congress  is  immediately  responsible  to  the 
people,  it  is  properly  entrusted  with  the  disposal  of  the 
public  treasure.  This  provision  was  supposed,  therefore, 
to  be  most  likely  to  secure  a  faithful  application  of  the 
public  money.  And  to  perfect  the  system  of  accountabil- 
ity, the  public  accounts  are  recpiired,  from  time  to  time,  to 
be  submitted  to  the  inspection  of  the  people  themselves. 
The  experience  of  former  governments  had  shown  that 
the  national  treasury  cannot  be  too  strongly  guarded. 


striction  exi^'.?  rasnectiii^  the  laying  of  direct  taxes'?  What  is  a 
capik/Iion,  tax?  What  is  the  meaning  of  poll'  412.  How  is  the 
imposiiion  of  duties  reslrictedl  What  is  the  object  of  this  restric- 
tion? 4i:^.  How  is  the  drawing  ot  money  from  the  treasury  restric- 
tedl     What  is  the  object  of  this  provision?     414.  What  provi&ion 


166  GOVERNMENT  OF  THE  U.  STATES.  Part  III, 

414.  No  title  of  nobility  maybe  granted  by  the  United 
States;  and  no  person  holding  any  office  of  profit  or  trust 
under  them  may,  without  the  consent  oi'  congress,  accept 
of  any  present,  emolument,  office,  or  title  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  state.  This 
clause  was  evidently  designed  to  guard  ngainst  foreign 
influence  in  the  administration  of  the  government,  and  to 
prevent  the  introduction  of  customs  that  might,  in  time, 
diminish  that  respect  for  republican  simplicity,  which 
formed  so  conspicuous  a  trait  in  the  American  character. 

415.  Congress  shall  make  no  law  respecting  the  estab' 
lishment  of  religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of  speech,  or  of  the 
press.  Among  the  "  unalienable  rights,"  with  which  men 
are  created,  is  religious  liberty.  This  liberty  has  been 
denominated  "the  liberty  of  conscience,"  and  "the  rights 
of  conscience."  It  is  defined  to  be,  "the  liberty  which  a 
man  has  of  discussing  and  maintaining  his  religious 
opinions,  and  of  worshipping  God  in  that  way  and  man- 
ner, which  he  believes  in  his  conscience  to  be  most  ac- 
ceptable to  his  Maker,  without  being  liable  to  any  degra- 
dation, penalties  or  disqualifications,  civil  or  political." 

416.  A  large  portion  of  the  early  population  of  this 
country  was  composed  of  persons  who  had  come  hither, 
to  escape  the  restiictions  and  disqualifications  imposed,  by 
the  laws  of  the  parent  country,  on  dissenters  from  the 
established  church.  To  avoid  the  evils  which  were  known 
uniformly  to  flow  from  an  alliance  between  the  church  and 
the  state,  and  to  secure  to  all  the  full  enjoyment  of  reli- 
gious freedom,  all  interference  by  the  government  in  mat- 
ters of  religion,  abridging  in  any  degree  the  rights  of 
conscience,  by  giving  preference  to  any  religious  sect,  is 
expressly  prohibited  by  the  above  provision. 

417.  Both  religious  and  civil  institutions  are  most  safe, 
as  well  as  most  prosperous,  where   religion   derives  no 

ii>  made  to  guard  against  foreign  influence  upon  the  governmentt 
415.  How  i.s  liberty  of  ccni-cience,  of  speech,  and  of  the  press 
secured?  Wha.^  i^  rdigimts  liberty?  416.  Why  was  this  liberty 
deemeJ  necessary?    417.  What  is  essential  to  the  enjoyment  of 


Ohap.   XXV.        RESTRICTIONS  ON  CONGRESS.  167 

Other  support  from  government  than  protection  in  its  free 
■exercise.  This  it  requires;  and  religious  liberty  cannot 
lie  said  to  "exist,  where  the  laws  merelj'  tolerate  religion, 
but  do  not,  by  penal  sanctions,  protect  men  in  the  exercise 
of  its  duties. 

418.  Freedom  of  speech,  and  of  the  press,  is  equally 
necessary  to  the  existence  of  a  free  state.  The  mhst  odi- 
ous restrictions,  had  been,  in  many  countries,  laid  upoa 
the  press.  It  was  regulated  by  prohibitions  and  licen- 
ses from  the  goveroment.  New  publications  were  not 
allowed  to  be  issued,  until  they  had  been  approved  by 
licensers.  But  as  sucb  restrictions  were  deemed  incom- 
patible  with  all  just  ideas  of  freedom,  the  liberty  of  the 
press  and  of  speech  was  guarantied  to  every  citizen;  he 
being  amenable  to  the  laws  for  the  abuse  of  this  liberty. 

419.  Of  the  restrictions  remaining  unnoticed,  is  that 
Vvdiich  preserves  to  citizens  the  right  of  trial  by  jury, 
Tiiis  right  is  enjoyed  in  all  criminal  prosecutions,  and  in 
suits  at  common  lav>^  where  the  value  in  controversy 
shall  exceed  twenty  dollars ;  and  is  secured  by  the  5th, 
(>th  and  7th  articles  of  amendment. 

420.  The  institution  of  trial  by  jury,  is  derived  from 
the  English  laws.  Trial  by  jury  was  recognized  in  crim- 
inal suits  in  England],  as  early  as  about  the  beginning  of 
the  twelfth  century ;  but  in  civil  suits  it  seems  not  to  have 
reached  its  present  form,  until  near  the  middle  of  the 
thirteenth  century.  The  jury  system,  in  its  present  im- 
proved state,  is  justly  considered  the  "  great  palladium  of 
liberty."  Ii  was  one  of  the  most  distinguished  privileges 
enjoyed  under  the  British  constitution  ;  for  as  every  one 
was  tried  by  his  peers,  the  meanest  subject  was  as  safe  as 
the  greatest.  It  was  regarded  by  the  colonists,  as  the 
most  valuable  civil  privilege  which  they, 'as  British  sub- 
jects, possessed;  and  the  infringement  of  this  right  con- 
stituted one  of  the  grievances  enumerated  in  the  declara- 
tion of  independence,  as  justifying  the  revolution. 


rsligious  liberty''  418.  How  was  the  liberty  of  the  press  formerly 
resiricted  in  some  f"ountries?  419.  How  far  does  the  right  of  trial 
by  jury  extend?    420.   Whence  is  this  right  derived?     What  cou- 


163  GOVERNMENT  OF  THE   U.   STATES.         Part   III- 

421.  A  jury  usaally  consists  of  twelve  men,  (in  some 
cases  of  a  grealer  number,)  who  are  sworn,  to  deliver  a 
truth  upon  such  evicloncy  as  shall  be  delivered  to  them 
touching  the  matter  in  question.  No  person  can  be  put 
on  trial  for  a  crime,  uiUil  a  grand  jury  shall  have  declar- 
ed, after  hearing  the  evidence  against  hira,  that  he  ought 
to  be  tried.  Such  declaration  is  founded  upon  the  pre- 
sumption that  he  is  guilty.  He  is  then  put  upon  trial ; 
and  the  unanimous  verdict  of  a  jury  of  twelve  men, 
(called  a  petit  jiivy,)  is  necessary  to  convict  him.  A  two 
fold  security  to  the  liberties  of  the  ptople,  is  provided  by 

this  mode  of  trial  in  criminal  cases. 

422.  In  some  of  the  states  in  tiie  union,  parties  to  civil 
suits,  in  which  the  damage  claimed  is  less  than  twenty 
dollars,  are  not  allowed  the  privilege  of  juries.  It  has 
been  well  remarked,  "  it  is  the  most  ti'anscendent  privi- 
lege which  any  subject  can  enjoy,  or  v^^ish  for,  that  be 
cannot  be  aff.cted  either  in  his  property,  his  liberty,  or 
his  person;  but  by  the  unanimous  consisnt  of  twelve  of  his 
neighbors  and  equals."  ' 


CHAPTER  XXVI. 

Restrictions  on  ike  Pou-ers  of  the  Slates. 

423.  No  state  may  eater  into  any  treaty,  alliance  or 
confederation  ;  grant  letters  of  marque  and  reprisal ;  coin 
money;  emit  bills  of  credit ;  make  any  thing  but  gold 
and  silver  coi!>  a  tender  in  payment  of  debts;  pass  any 
bill  of  attainder,  qx  post  facto  law,  or  law  impairing  tho 
obligation  of  contracts;  or  grant  any  title  of  nobility. 


sideration  renders  this  privilege  valuable?  421.  Of. what  does  a 
jury  consisil  What  are  the  duties  of  a  jury?  4211.  How  is  the 
right  of  trial  by  jury  restricted  in  some  statesT  4S3.  What  restric- 
tions are  imposed  upua  the  states?    424.  Why  were  the  states  pro- 


Chap.  XXVI.       RESTRICTIONS  ON  THE  STATES,  169 

424.  The  restrictions  which  are  here  and  elsewhere 
imposed  upon  the  states,  are  indispensably  necejssary  to 
secure  to  the  country  the  blessings  of  anion.  Were  ev- 
ery state  at  liberty  to  enter  into  treaties  or  alliances  with 
foreign  states,  or  with  other  members  of  the  union,  it  is 
easy  to  foresee  the  evils  and  dangers  that  would  result 
from  such  an  exercise  of  this  power.  And  with  the  pow- 
er to  grant  letters  of  marque  and  reprisal,  a  state  might 
involve  the  whole  union  in  war,  as  this  measure  is  usually 
followed  by  open  hostilities. 

425.  To  avoid  the  inconveniences  that  would  arise 
from  coins  so  various  in  value  as  might  be  expected  if 
each  state  were  permitted  to  coin  money,  and  to  regulate 
its  value,  this  power  was  prohibited  to  the  states,  and 
granted  e:xclusively  to  congress. 

42G.  Bills  of  credit-  are  declared  to  mean  ^promissory 
notes,  or  bills  issued  exclusively  on  the  credit- q^:  the  state, 
and  which  the  faith  of  the  state  only  is  pla4^^  to  pay. 
The  prohibition  does  not,  therefore,  apply  to  m'e  notes  of 
a  state  bank,  drawn  on  the  credit  of  a  particular  fund  set 
apart  for  the  purpose.  The  losses  sustained  previously 
to  the  adoption  of  the  constitution,  from  the  effects  of  pa- 
per money,  rendered  this  restriction  upon  the  powers  of 
the  states  necessary  ;  while  the  fluctuations  in  the  value 
qf  paper  money  seemed  to  require  that  gold  and  silver 
only  should  be  made  a  tender  in  payment  of  debts. 

427.  Laws  impairing  the  obligation  of  contracts  aro 
inconsistent  with  the  secure  enjoyment  of  the  right  of 
property,  and  the  fundamental  principles  of  the  social 
contract.  The  power  to  pass  such  laws  is  therefore  prop- 
•erly  prohibited  to  the  states.  A  state  legislature  may 
alter  or  modify  public  corporations,  such  as  counties, 
towns  and  cities,  provided  the  property  therein  be  secured 
to  those  who  originally  possessed  it;  but  such  legislature 


hibited  from  entering  into  treaties  or  alliances?  and  from  granting 
Istters  of  marque  and  reprisal?  405.  Why  are  they  prohibited 
from  coining  money?  42o.  What  are  bills  of  credit?  Why  are 
Ihe  states  restrained  from  issuing  rhem?  427.  Why  are  laws  pro- 
hibited impairing  the  obligation  of  contracts?     How  does  this  pre- 


1(70  GOVERNMENT  OF  THE  tJ.   STATES.  Part  III 

eannot  repeal  statutes  creating-  private  corporations,  or 
dispose  of  the  property  of  the  corporators.  A  charter 
from  the  British  crown  to  the  trustees  of  Dartmouth 
college  before  the  revolution,  has  been  declared  to  be  a 
contract  within  the  the  meaning  of  the  constitution.  Tiie 
supreme  court  held  that  the  college  was  a  private  corpo- 
ration ;  and  that  the  act  of  the  legislature  of  New  Hamp 
shire.  rnateriuUy  altering  the  charter  without  the  consent 
of  the  corporation,  was  a  law  impairing  the  obligation  of 
u  contract,  and  was  unconstitutional  and  void. 

4'^8.  No  state  may,  without  the  consent  of  congress, 
lay  any  impost  duties  on  imports  or  exports,  except  what 
may  be  absolutely  neces.s3ry  for  executing  its  inspection 
laws ;  and  the  nett  produce  of  all  duties  and  imposts  laid 
by  any  state  on  imports  or  exports,  must  be  for  the  use  of 
the  treasury  of  the  United  States;  and  all  such  laws  are 
subject  to  the  revision  and  control  of  congress. 

423.  No  state  may,  without  the  consent  of  congress, 
Jay  any  duty  of  tonnage,  keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact  with 
another  state,  or  with  a  foreign  power,  or  engage  in  war, 
unlesb  actually  invaded,  or  in  such  imminent  danger  as 
Jivill  not  admit  of  delaj. 


provision  affect  public  corporations?  428.  What  restrictiorx  is 
impo'^i'fl  upon  the  states  cfTiccrniiig  the  laying  of  impost  dalie  ;1 
4il>.  VV:ia'.  o:h3r  reiiricuoas  ar^  hare  meaii:jaed? 


PART    FOURTH. 


OF  THE  STATE  GOVERNMENTS. 


CHAPTER  I. 

Maine — New    Hampshire — Massachusetts — Vermont-— 
Co?i?iecllcui — R/todc  Island. 

430.  All  the  state  governments  are  representative 
republics.  All  of  them  are  conducted  in  conformity  to 
written  constitutions,  adopted  by  the  people,  in  ea^ih  state, 
excepting-  in  Rhode  Island,  where  the  ancient  colonial 
charter  is  yet  in  force.  Ea''.h  one  has  a  legislative,  execu- 
tive ana  judicial  branch,  and  its  own  modes  of  exercising 
power  in  these  several  departments.  The  distinctions 
existing  among  the  state  governments  are  found  in  the 
qualifications  of  the  electors,  and  of  the  elected  ;  in  the 
origin  and  duration  of  office;  in  the  limitations  of  the 
powers  which  may  be  exercised  ;  and  in  peculiar  consti- 
tutional provisions;  and,  especially,  in  the  character  of 
legislation  in  each  state.  The  principal  constitutional 
provisions  in  the  government  of  each  state,  are  here  given 
iis  concisely  as  possible. 

431.  Stale  of  Mabie.   The  constitution  is  dated  in  1819. 
The  legislature   is  composed  of  a  senate  and  house  of 

representatives.     Members  of   the   house  are  chosen  in 


430.  What  is  the  chniacter  of  the  stale  governracnls?  In  -uhat  respect 
areihey  alike]  In  what  consists  the  principal  difference?  431.  What 


172  STATE  COVKKNMENTS.  Part  IV, 

towns,  in  proportion  to  the  number  of  inhabitants.  To 
be  eligible,  they  must  have  been  citizens  of  the  United 
States,  five  years,  and  resident  in  the  state,  one  year.  The 
senate  is  composed  of  twelve  members,  chosen  in  districts. 
The'r  qnalifieations  are  the  same  as  representatives,  and 
must  be  twenty-five  years  of  age.  The  Jegislature  ia 
elected  annually,  and  meets  the  first  Wednesday  in  Jan- 
uary. 

The  executive  consists  of  a  governor,  chosen  annually 
by  the  people,  and  a  council  of  seven,  chosen  in  conven- 
tion of  the  house  and  senate.  The  qualifications  of  the 
governor  are  the  same  as  those  of  senators,  except  that  he 
must  be  thirty  years  of  age.  He  has  the  power  of  ap- 
pointment and  pardon,  and  a  qualified  negative  on  legis- 
lative acts.  To  negative  diXi  act,  means  the  refusal  of  an 
executive  to  sign  a  bill  to  which  his  assent  is  neces- 
sary in  order  to  its  becoming  a  law.  When,  under 
any  circumstances,  the  executive  assent  is  required, 
he  is  said  to  possess  ^n  absolute  negative.  But  if  a  bill 
that  has  been  negatived,  may  notwithstanding  become  a 
law,  by  being  re-passed  by  a  constitutional  majority  of  the 
legislature,  the  negative  is  said  to  be  qv.aLified.  This 
power  to  negative  bills,  is  usually  called  the  -veto  poAver. 
The  governor  may  be  removed  hj  impeachment.  The 
president  of  the  senate  acts  as  governor  in  case  of  va- 
cancy. 

The  judiciary  consists  of  a  supreme  court,  and  county 
courts.  The  judges  of  the  supreme  court  are  appointed 
by  the  governor  and  council.  They  hold  iheir  oflicea 
during  good  behavior.  There  are  two  modes  of  removal 
provided  by  the  consutution.  First,  by  the  governor  and 
council,  on  address  of  the  legislature,  in  which  a  majority 
of  both  branches  concur  in  the  opinion  that  a  judge  ought 
to  be  removed.  The  other  mode  is  by  impeachment  by 
the  house  of  representatives,  and   trial  before  the  senate. 


is  the  da'e  of  the  constiuition  of  Maine?  How  is  ihe  legislature 
constiiuicd?  How  chosen?  Q.ualficafions?  Time  of  meeting? 
Ol  what  does  the  cxecuive  consist?  How  chosen?  Clualifications'? 
Powers?  What  15  a  55iaZi/t<ri negative?  Uf  what  does  the  judiciary 


Chap.   I.        NEW  HAMPSHIRE MASSACHUSETTS.  173 

as  in  case  of  a  judicial  officer  of  the  United  States. 
Judjyes  are  disquaiified  at  the  age  of  seventy  years. 

The  quaiitications  of  voters  are  so  inconsiderable,  that 
suflVage  may  said  to  be  universal. 

Religious"  freedom  is  provided  for;  there  is  no  religious 
test  in  oaths  of  oiiice. 

432.  State  of  New  Il2?npshire.  The  constitution  was 
adopted  in  1792. 

The  Icg-islarare  is  vested  in  a  general  court  of  two 
branches,  a  house  of  representatives  and  a  senate.  Rep- 
ri'iientatives  are  chosen  in  lovvns,  in  propoition  to  the 
ratable  polls;  they  must  have  an  estate  of  £100,  half  of 
which  is  h-eehoid.  The  senate  consi-sts  of  twelve  mem- 
bers. Senators  must  have  been  residents  in  the  state  sev- 
en years  ;  must  have  a  freehold  of  £200 ;  and  must  be 
thirty  years  of  age.  They  are  chosen  in  districts,  in 
proportion  to  the  amount  of  taxes  paid  therein.  All  elec- 
tiojis  are  for  one  year.  The  legislature  meets  on  the  iirst 
Wednesday  in  June. 

The  executive  consists  of  a  governor,  and  council  of 
five,  chosen  by  the  people.  The  governor  must  have  an 
estate  of  i)5O0,  of  which  one  half  must  be  freehold;  and 
he  must  have  been  a  resident  in  the  state  seven  years, 
The  executive  is  removable  by  impeachment.  The  pres- 
ident of  the  senate  acts  as  governor  in  case  of  vacancy. 

The  judiciary  is  the  same  as  in  Maine. 

The  qualifications  of  electors  are  residence,  and  pay- 
ment of  taxes. 

The  legislature  may  provide  by  law  for  maintaining 
religious  worship.     There  is  no  religious  test. 

4:;3.  State  of  Massachusetts.  The  constitution  was 
made  in  1780;  and  received  some  amendments  in  1820. 


consist?  How  appointed?  How  removed?  What  are  the  qualifica- 
tions of  voters?  432.  Nem  Hampshire.  When  was  the  constitution 
adopted?  How  is  the  iegislatiue  constituted?  Clualifications?  Of 
what  does  the  executive  consist?  Q.ualifieadons'?  How  removed? 
How  is  the  judieiarv  cansii luted?  Clualificaiions  of  electors? 
433.  Massachusetts.    Date  of  constitution?    Of  what  is  the  iegisla- 


ITi  STATE  GOVERNMENTS.  Part  IV, 

The  legislative  power,  is  vested  in  the  general  court, 
eonsisling  of  a  senate  of  forty  members,  chosen  in  dis- 
tricts composed  of  several  towns,  and  a  house  of  repre- 
sentatives chosen  to  represent  the  towns  in  which  they 
reside.  Representatives  must  have  been  residents  for  one 
year  in  the  towns  in  which  they  are  chosen  ;  and  must 
have  a  freehold  of  £lOU,  or  a  taxable  estate  of  i^200. 
Senators  must  have  been  residents  in  the  districts  in 
which  they  are  chosen,  and  must  have  a  freehold  of  £300, 
or  a  taxable  estate  of  J£600.  The  legislature  meets  on 
the  first  Wednesday  in  January. 

The  executive  power  is  vested  in  a  governor.  There 
is  also  a  lieutenant  governor,  who  acts  as  governor  in 
case  of  vacan;;5^  They  must  have  been  residents  in  the 
state  for  seven  years,  and  must  have  a  freehold  estate  of 
jEIOOO,  and  believe  in  the  Christian  religion.  There  is 
no  religion.?  test  in  oriths  of  office.  Nine  councillors  are 
chosen  by  the  legislature.  The  power  of  appointment  is 
with  the  governor  and  council ;  that  is,  the  governor 
nominates,  or  names  to  the  council,  persons  whom  he 
thinks  proper  to  fill  offices,  and  the  councillors  approve 
or  disapprove  the  nomination.  The  power  to  pardon  and 
reprieve  criminals,  also,  is  with  the  governor  and  coun- 
cil. The  governor  has  a  qualified  negative  on  legislative 
acts. 

The  judiciary  consists  of  a  supreme  court,  and  county 
courts,  or  courts  of  common  pleas.  There  are  also  in 
this  state,  as  in  others,  justices'  courts  in  each  town. 

The  qualifications  of  voters  arj,  residence  and  pay- 
ment of  taxes ;   which  is,  practically,  universal  suffrage. 

434.  State,  of  Vermont.  The  constitution  was  adopted 
in  1793.  The  legislative  power  is  vested  in  a  house  of 
representatives,  styled  the  general  assembly.  Members  are 
qualified  by  two  years'  residence  in  the  state,  and  one  in 


ture  composed?  CLualifications?  What  constitutes  the  executive? 
Q.ualifieations'?  Powers?  What  courts  are  in  the  state?  GLualifica- 
tions  of  voters'?  434.  Vermont.  Date  of  constitution?  Wherein  is 
the  legislaiive  power  vested?  Qualifications  of  members?  How  i.- 


Chap.  L  CONNECTICUT.  17S 

the  town  represented.  Elections  are  held  annnally.  The 
legislature  meets  on  the  second  Tuesday  in  October. 
There  is  no  senate.  Legislative  acts  are  subject  to  the 
revision  of  the  executive  branch,  which  can  propose 
amendments,  and  suspend  a  proposed  law  till  the  next 
legislature. 

The  executive  is  vested  in  a  governor,  lieutenant  gov- 
ernor, and  council  of  twelve,  all  chos-^n  by  the  people  for 
one  year.  In  council,  the  governor  is  only  the  prc^sidinj 
officer,  with  a  casting  vote. 

The  judges  of  the  supreme  and  county  courts  may  be 
elected  annually  by  the  house  of  representatives,  in  con- 
junction with  the  executive  branch. 

Clualifications  of  the  electors  amount  to  universal  suf- 
frage. 

Neither  of  the  branches  shall  exercise  the  pov/ers  ot' 
the  other;  yet  the  executive  is  a  concurrent  part  of  thtj 
legislature,  and  the  court  for  the  trial  of  impeachments. 
Once  in  seven  years,  thirteen  censors  are  chosen,  who 
examine,  during  one  year,  all  departments  of  the  govern- 
ment: they  have  power  to  order  impeachments,  and  to 
call  a  convention  of  the  people.  Religious  freedom  is 
provided  for. 

435.  State  of  Connecticut.  The  constitution  was  ad- 
opted in  1818;  till  which  time  it  was  governed  under  th® 
colonial  charter. 

The  legislature,  called  the  general  assembly,  is  com- 
posed of  a  house  of  representatives  and  a  senate  of  twelve, 
Repre33ntativ33  are  chosen  in  towns,  according  to  their 
numbers ;  senators  by  general  ticket.  The  citizens 
are  styled  in  the  constitution,  electors ;  and  all  v/hite 
male  citizens  are  such,  who  are  resident  citizens  for  six 
months,  and  have  a  freehold  of  seven  dollars  yearly  val- 
ue; or  who  have  done  militia  duty,  or  paid  a  tax.     Elec- 


the  executive  constituted?  The  judiciary?  Clualifications  of  voters? 
What  other  provisions?  435.  Connecticut.  Date  of  constiraiion? 
How  is  the  legislature  constituted?     Clualifications?     The  eieta  ■ 


176  STATE  GOVERNMENTS.  Part   IV, 

lors  are  entitled  to  vote  for  all  officers,  and  are  eligible 
themselves  to  any  office.  All  t ieetions  are  held  annually. 
The  legislature  laeuts  on  the  iirst  Wednesday  in  May. 

Thii  executive  power  is  v^ested  in  a  g-overnor,  elected  by 
the  people  for  oim  year.  Some  appoiutuienis  are  made 
by  nomination  of  the  governor  to  tne  St'nate.  Tlie  gov- 
ernor has  a  quaiified  negative.  He  luis  power  to  reprieve, 
hut  not  to  pardon:  this  power  rtsidts  in  the  legislature. 
He  is  removable  on  impeachment.  The  lieutenant  gov- 
ernor i^•  president  of  the  senate. 

The  judges  are  chosen  by  the  legislature;  they  are 
removable  as  in  IVIaine;  and  are  disqualified  at  seventy. 

lu  this  state,  en  lire  freedom  of  religion  is  secured. 
There  is  no  religious  test  in  oifice.  'I'he  constiiution 
recognizes  the  existence  of  a  large  scJiool  fund,  and  pro- 
vides for  its  perpetuity. 

4-^0.  State  of  Rhode  Islajid.  The  government  of  this 
state  has  been  coniinued,  hitherto,  under  the  charter  gran- 
ted by  Charles  II.  in  16u2.  The  grant  vk-as  to  a  compa- 
ny, comprising  a  governor,  deputy  governor  and  council. 
To  this  branch  has  been  added  a  house  of  representatives, 
chosen  by  the  people,  in  towns;  and  a  judiciary  dejjart- 
ment,  the  judges  of  which  are  chosen  annually  by  the 
people.  The  administration  of  the  government  is  carried 
on  by  the  legislative  and  executive  departments,  accor- 
ding to  the  construction  given  to  the  charier  by  usage. 
The  powers  of  the  governor  are  very  liuiited.  There  is 
perfect  freedom  as  to  religious  opinions.  No  religious 
test.     Suffrage  is  universal. 


live?  His  pov.'ers?     The  jiuliciaryl     436.  Rhode  l3lund.     What  i% 
«aid  of  lU'i  government  of  thissinte? 


Chap    II.  NEW  JERSEY  i77 

CHAPTER  II. 

New)   Jersey — Pennsylvania — Delaware — Marylcmd — 
Virghna — &oulh  Carolina — Georgia. 

437.  State  of  Neio  Jersey.  The  constitution  of  this 
state  was  established  the  2d  of  July,  1776,  (two  days  be- 
fore the  declaration  of  iadependence.)  It  was  formed  on 
the  supposition  that  the  colony  might  again  be  taken  under 
the  protection  of  the  British  crown.  It  has  continued  to 
the  present  tim3,  without  any  amendment,  except  that  of 
thiinging  the  word  colony  for  state. 

The  legislature  is  vested  in  a  council  and  general  as- 
sembly- The  council  consists  of  one  member  from  each 
county,  worth  at  least  £1000  ;  and  the  assembly,  ot 
three  members  from  each  colUlfJ^  worth  at  least  £500. 
Power  is  given  to  the  legiskitiire  to  apportion  the  repre- 
sentatives in  counties.  Time  of  meeting,  second  Tuesday 
next  after  the  second  Tuesday  in  October,  annually. 

The  governor  is  chosen  by  the  legislature  annually. 
Ho  presides  in  the  council,  is  chancellor,  military  chief, 
and  surrogate  general.  The  vice  president  of  the  coun- 
cil is  successor  in  case  of  vacancy.  The  governor  and 
council  are  a  court  of  appeals.  The  pardoning  power  is 
vested  in  this  body. 

The  judges  of  the  supreme  court  are  chosen  by  the 
legislature  for  seven  years ;  other  judges  the  same,  for  a 
shorter  term.     They  are  removable  by  impeachment. 

Voters  must  be  citizens  resident  one  year,  and  worth 
£50.  Religious  freedom,  and  exemption  from  taxation 
for  support  of  worship,  are  established. 

This  constitution  is  remarkable  for  the  mingling  of  dif- 
ferent powers  in  one  branch. 

437.  New  Jcrxaj.  Constitution,  when  established?  How  is  (he 
legislature  constituted?  The  executive  departirtent?  The  judici- 
ary?    What  are  qualifications  of   voters'^     433.    Pen'osytvania. 

N 


178  STATZ  GOVERNMENTS.  Part  IV 

438.  State  of  Pennsylvania.  The  present  consfitutioD 
was   established  in  1790,  and  has  not  been  since  amended. 

The  legislature,  called  the  general  assembly,  is  com- 
posed of  a  senate  and  house  of  representatives.  The 
number  of  senators  may  not  exceed  tliat  of  one  third,  nor 
be  less  than  one  fourth,  of  that  of  the  house.  They  are 
chosen  in  districts,  and  are  apportioned  on  the  number  of 
taxable  inhabitants  therein.  The  number  of  the  house 
may  not  be  less  than  sixty,  nor  greater  than  one  hundred. 
Its  members  are  chosen  in  districts,  in  the  same  ratio  as 
senators.  The  qualifications  of  members  are,  age  of 
twenty-five  years,  citizenship  and  residence.  Represen- 
tatives are  chosen  annually,  senators  for  four  years,  one 
fourth  renewed  annually.  The  legislature  meets  on  the 
first  Tuesday  in  December. 

The  governor  is  chosen  by  the  people  tricnnially;  he 
can  be  chosen  only  thrice  in  twelve  years.  No  lieuten- 
ant governor.  No  council.  He  has  the  uncontrolled 
power  of  appointment  of  all  officers,  with  remarkably 
few  exceptions.  The  only  qualifications  required  are 
citizenship,  and  residence  in  the  state  seven  years  next 
before  the  election.  Pardoning  power,  except  in  cases 
of  impeachment. 

The  judiciary  is  vested  in  a  supreme  court,  and  inferi- 
or couits.     Judges  are  appointed  by  the  governor  during 
good  behavior.     Removable  on  impeachment,  or  by  ad- 
dress to  the  governor  by  two  thirds  of  the  legislature 
No  court  of  chancery.     No  court  of  errors. 

Citizenship,  two  years*  residence,  payment  of  taxes , 
supposed  to  be,  pracdcally,  universal  suffrage. 

The  most  unqualified  religious  freedom  has  prevailed 
ia  this  state  from  its  earliest  settlement. 

439.  State  of  Delaware.  This  state  acted  under  the 
colonial  charter  till  1792.  It  then  adopted  a  constitution 
which  has  not  been  amended,  except  in  one  judicial  arti- 
cle adopted  in  1802. 

What  is  the  date  of  conslilntion?     Of  what  i.s  the  lej^islalure  com- 

?osed1     Glnalifications  of  members?  How  is  the  governor  chosen? 
SThat  are  hisqualifica'ions?     Powers?     VVhai  courts?     Tenure  of 
office  of  judges?    Ciualifications  of  voters?    439.  Delav^are.    Date 


Chap.   II.  MARYLAND.  179 

The  legislature  consists  of  a  senate  and  house,  which 
are  called  the  general  assembly.  The  number  ol  sena- 
tors may  not  be  less  than  one  tr.ird,  nor  greater  than  one 
half,  the  number  of  members  of  the  house.  The  mem- 
bers of  each  are  apportioned  among  the  countier,  with 
power  in  two  thirds  of  each  branch,  to  increase  the  num- 
ber in  counties.  Qualifications  are,  citizenship,  residence 
and  freehold  estate.  Senators  are  chosen  for  three  years; 
representatives  annually.  Meeting  of  the  legislature  is 
on  the  first  Tuesday  in  January. 

The  governor  is  chosen  by  the  people  for  three  years. 
He  must  be  a  citizen,  and  thirty-six  years  of  age.  He 
has  the  uncontrolled  appointment  of  all  officers  ;  and  the 
power  of  pardoning,  except  in  case  of  impeachment.  On 
vacancy,  the  duties  of  the  office  are  performed  by  the 
speaker  of  the  senate.  The  governor  may  be  removed 
for  inability,  by  two  thirds  of  both  branches  of  the  legis- 
lature. 

The  courts  are  numerous.  The  judges  hold  their  offices 
during  good  behavior.  They  are  removable  on  impeach- 
ment, or  on  address  of  two  thirds  of  both  branches  of  the 
legislature. 

Resident  white  citizens,  paying  taxes,  are  qualified  to 
vote. 

Religious  freedom  is  enjoyed  in  this  state. 

440.  Stall  of  Maryland .  The  constitution  of  this  state 
was  adopted  in  1776.  It  vests  in  the  legislature  the  power 
of  making  amendments  by  proposed  acts,  which  shall  be 
published  three  months  before  the  meeting  of  the  next 
legislature,  and  if  confirmed,  the  amendments  are  thereby 
effected.  This  power  has  been  frequently  exercised,  and 
the  constitution  has  been  amended,  and  may  be  further 
amended  in  like  manner. 

The  legislature  is  composed  of  a  senate  and  house  of 
delegates.   Senators  are  chosen  for  five  years,  by  electors 

of  constitution?  How  i,«  the  legislature  constituted?  The  execu^iveT 
The  judiciary?  440.  IMarijland.  What  is  the  date  uf  consliiuiion? 
How  amendable?  How  are  the  several  departments  of  the  goveru 


180  -'*  STATE  GOVERNMENTS.  Part  IV, 

who  are  chosen  in  counties.  They  must  be  citizens 
twenty-five  years  of  age  ;  and  they  must  have  had  a  resi- 
dence in  the  state  three  years.  Delegates  are  chosen  by 
the  people  annually.  Their  qualifications  are,  citizenship, 
and  one  years'  residence.  Legislature  meets  on  the  first 
Monday  in  December. 

The  executive  consists  of  a  governor,  and  an  executive 
council  of  five.  The  governor  is  chosen  for  one  year, 
by  joint  ballot  of  both  legislative  branches.  Ho  may  be 
chosen  three  years  successively  ;  and  he  is  then  ineligible 
for  four  years.  He  must  be  twenty-five  years  of  age,  and 
a  resident  citizen  five  years.  Members  of  the  council  are 
chosen  by  the  people.  The  executive  has  the  power  of 
pardoning  in  all  cases,  except  those  in  which  the  laws 
otherwise  direct. 

Judges  are  appointed  by  the  governor  and  council ; 
they  may  be  removed  on  the  address  of  two  thirds  of  the 
legislature,  and  by  conviction,  on  indictment,  in  a  court  of 
justice. 

Universal  suftVage  is  enjoyed,  and  religious  freedom  is 
established,  in  this  state. 

441.  State  of  Virginia.  The  constitution  was  amend- 
ed in  1830. 

The  legislature  is  called  the  general  assembly,  com- 
posed of  a  housa  of  deleg.ites,  of  one  hundred  and  thirty- 
four  members,  apportioned  in  four  great  districts;  and  of 
a  senate  of  thirty-two,  apportioned  in  two  greater  districts. 
Members  of  the  house  are  chosen  annually  by  the  people; 
of  the  senate,  one  fourth  are  annually  renewed  by  popu- . 
lar  election.  Members  of  both  branches  must  be  free- 
holders. The  legislature  meets  annually ;  but  the  con- 
stitution does  not  appoint  the  day. 

The  governor  is  chosen  for  three  years,  by  the  two 
branches  of  the  legislature,  and  is  eligi})le  but  once  in  six 
years.  He  must  be  a  resident  citizen,  of  the  age  of  thirty 
years.     A  council  of  three  is  chosen  in  the  same  manner, 


msnt  constitiifcd'?    441.   Fir^iwia.  Of  what  isthelegMaturecom- 
oo.'id?  The  executive?  How  are  judges  chosen?  How  do  the  elec- 


Chap.  II.  SOUTH  CAROLINA.  181 

the  senior  of  whom  is  lieutenant  governor.  They  arc 
chosen  for  three  years  ;  hat  one  of  their  number  is  annu- 
ally renewed.  The  executive  has  the  power  of  {)anJ()n- 
ing. 

The  judges  and  attorney  general  are  chosen  by  ihe 
joint  vote  of  the  two  branches,  during-  good  behavior,  and 
removable  on  address,  or  on  impeachment. 

White  male  citizens  only  are  voters.  Their  qualifica- 
tions are  such  as  to  render  suffrage  nearly  universal. 
Elections  are  viva  voce,  and  not  by  ballot.  Viva  voceare 
words  signifying  living  voice.  The  electors,  on  Toting, 
name  the  persons  for  whom  they  vote. 

The  clergy  are  ineligible  as  legislators.  No  legislative 
provision  can  be  made  for  religious  worship ;  every  one 
is  free  to  believe  and  worship  as  he  pleases. 

442.  State  of  South  Carolina.  Constitution  adopted  in 
1790.  It  contains  a  provision,  similar  to  that  of  Mary- 
land, for  amendments.  It  has  been  twice  amended,  once 
in  1808,  and  again  in  1810. 

The  legislature  is  composed  of  a  general  asitemblv, 
consisting  of  a  senate  and  a  house.  One  hundred  and 
twenty-four  representatives  are  apportioned  in  districts,  in 
such  manner,  that  each  representative  shall  represent  one 
sixty  second  part  of  the  whole  number  of  white  inhabi- 
tants, and  one  sixty  second  part  of  the  whole  amount  of 
taxes  raised  by  the  state.  The  senate  consists  of  forty - 
five  members,  who  are  chosen  in  election  districts,  which 
are  established  for  the  choice  of  representatives.  Mem- 
bers of  the  house  of  representatives  are  chosen  for  two 
years:  senators  for  four  years,  half  of  them  renewed 
biennially.  The  former  must  be  resident  citizens  three 
years ;  the  latter  five  years,  and  must  be  thirty  years  cf 
age,  and  freeholders.  The  legislature  meets  on  "the  first 
Monday  in  November. 

The  governor  is  chosen  by  the  legislature  for  two 
years;  re-eligible  after  four  years;  and  must  be  thirty 


tors  vote?     443.  Smcth  Carolina.  What  is  the  date  of  the  constitu- 
tion?    IIow  is  the  legislature  constituted?  The  executive?  Teiior 


)82  STATE  GOVERNMENTS.  Part  IV- 

years  of  age,  a  citizen  resident  ten  years,  and  a  freehold- 
er. He  has  no  council.  He  has  the  power  of  pardoning. 
A  lieutenant  governor,  of  like  qualifications,  is  chosen, 
who  has  no  power  or  duty  unless  the  office  of  governor 
becomes  vacant.     Removal  is  made  by  impeachment. 

Judges  are  appointed  by  joint  ballot  of  the  legislature, 
and  hold  their  offices  during  good  behavior.  Removable 
by  impeachment. 

Voters  must  be  resident  citizens  two  years,  and  possess 
a  freehold,  or  pay  taxes  to  the  amount  of  three  shillings 
sterling,  which  comes  near  to  universal  suffrage. 

Religious  freedom  is  established.  Clergy  ineligible  to 
any  civil  office. 

443.  Slate  of  Georgia.  Constitution  adopted  in  1798. 
It  has  been  amended  in  one  judicial  provi.sion. 

The  legislature  is  organized  as  in  South  Carolina 
The  senate  and  house  are  chosen  in  counties,  according 
to  white  population,  adding  thereto  two  fifths  of  the  peo- 
ple of  color.  Qualifications  of  members  are,  citizenship, 
residence,  age  and  freehold,  or  other  taxable  property. 
iVIeeting  is  on  the  second  Tuesday  in  January. 

The  governor  is  chosen  by  the  legislature,  biennially. 
Qualifications  are,  citizenship,  age,  freehold,  or  other 
taxable  property.  He  Las  a  qualified  negative;  pardon- 
ing power,  except  in  case  of  impeachment ;  and  power 
to  reprieve,  in  case  of  treason  and  murder,  till  the  session 
of  the  legislature. 

Superior  judges  are  chosen  by  the  legislature  for  three 
years ;  and  are  removable  by  address,  and  by  impeach- 
ment. 

Qualifications  of  voters  amount,  practically,  to  univer- 
sal suffrage. 


of  O'ffice  of  judges?  Clualifications  of  voters?  4-13.  Georgia.  How 
is  the  legislature  organized?  The  executive?  How  are  judges  cho- 
sen? 


Chap.  III.  KBNTDCET.  183 


CHAPTER  III. 

KenHcky — Ohio — Indiana — Louisiana — -Mississippi — 
Illinois— Alabama — Missouri. 

444.  State  of  Kentucky.  Constitution  adopted  in  1799. 
A  convention  is  necessary  to  amend. 

The  legislature  consists  of  a  senate,  and  house  of  rep- 
resentatives. The  number  of  senators  is  twenty-four,  of 
which  one  fourth  are  renewable  annually :  the  number 
may  be  increased  in  proportion  of  one  for  every  three 
added  to  the  house.  They  must  have  been  resident  citi- 
zens six  years,  and  thirty-five  years  of  age.  They  are 
chosen  in  districts  in  proportion  to  qualified  electors 
Representatives  must  have  been  resident  citizens  two 
years,  and  twenty-four  years  of  age :  proportioned  to  the 
number  of  electors.  The  whole  number  may  not  be  less 
than  fifty  eight,  nor  exceed  one  hundred.  Meeting  annu- 
ally, on  the  first  Monday  in   November. 

The  governor  is  elected  for  four  years,  and  is  then  in 
eligible  for  seven  years.  Qualifications  the  same  as 
senators.  He  has  the  power  of  pardoning,  except  in  case  of 
impeachment ;  of  reprieving  in  case  of  treason,  till  the 
legislature  is  convened  ;  the  power  of  nomination  to  the 
senate  of  all  judicial  and  other  important  officers;  and  a 
qualified  negative.  There  is  a  lieutenant  governor,  who 
is  president  of  the  senate. 

Judges  hold  their  office  during  good  behavior  ;  and  are 
removable  by  the  executive  on  address  of  the  legislature, 
and  by  impeachment. 

Universal  suffrage. 

Members  of  the  legislature  are  disqualified,  for  one 
year,  from  accepting  any  office  created,  or  any  of  the 
emoluments  of  which  have  been  increased,  during  mem- 
bership.    The  clergy  are  disqualified  for  civil  office.    In 

444.  Kentucky.  Of  what  does  the  legislature  consist?  Clualifica- 
tions  of  members?  How  is  the  governor  chosen?  What  are  his 
powers?  What  is  the  tenure  of  the  judges?  W  hat  other  provisions? 


iM  eXATE  COVEUNMENTS.  Purf    IV 

all  elections,  voting  is  in  viva  vnce,  and  not  by  ballot 
Slaves  may  not  he  emancipated  by  hw,  without  constjtii 
ot  tht^ir  owners;  nor  without  making-  their  owners  com- 
pensation theroibr ;  nor  may  be  prohibited  from  being 
brought  into  the  stale  by  emigranls  Laws  shall  be  jws 
sed  to  jjermit  owners  to  emancipate  on  certain  conditions, 
and  to  prevent  slaves  from  being  brought  into  the  state  a« 
merchandise,  l^rovisions  are  made  for  the  enacting  of 
laws  requiring  humane  treatment,  and  trial  by  jury  for 
oiTences.     Religious  freedom  is  established. 

445.   Stale  of  Ohio.     Constitution   adopted  in    IF02 
amendable  by  convention. 

The  legislature  consists  of  a  house  and  senate.  Mem 
bers  of  the  house  must  have  been  resident  citizens  one 
year,  and  paid  taxes  ;  and  they  must  be  twenty-five  years 
of  age.  They  are  chosen  in  counties,  according  to  the 
number  of  white  male  inhabitants  above  twenty-one  vears 
of  age.  The  whole  number  may  not  be  less  than  thirty- 
six,  nor  more  than  seventy-two.  Senators  ha\'Othc  same 
qualifications;  are  chosen  on  the  same  basis  as  the  house, 
for  tv/o  years,  one  half  of  their  number  to  be  renewed 
annually .;  and  the  whole  number  to  be  not  less  than  oiio 
third,  nor  more  than  one  half  of  the  number  of  rcprcsen 
tatives.  Legislature  meets  on  the  first  Monday  in  De- 
cember. 

The  executive  cousi.sts  of  a  governor  only,  who  is  eleo 
led  by  the  people  for  two  years;  is  eligible  six  years  in 
eight;  and  is  required  to  be  thirty  years  of  age,  and  a 
resident  citizen  four  years.  He  has  tiie  power  of  par- 
doning, except  in  cases  of  impeachment.  He  has  no 
negative,  nor  appointing  power.  Speaker  of  the  senate 
succeeds  in  case  of  vacancy. 

Judges  are  chosen  by  jofnt  ballot  of  the  two  branches 
of  the  legislature;  and  are  removable  on  impeachment. 

Universal  sufirage  and  religious  freedom  are  enjoyed. 
Slavery  is  prohibited,  and  provision  is  made  for  ending 
existing  servitude  by  lapse  of  time. 


445.   Ohio.  What  provisions  as  to  the  legislature?  The  exccutivet 


Chap.    III.  INDIANA LOUISIANA.  185 

446.  Stale  of  Indiana.  The  constitution  was  adopted 
in  1816.      It  is  amendable  by  convention. 

The  legislature  consists  of  a  senate  and  house.  Mora 
bersare  required  to  be  resident  citizens,  and  to  have  paicf 
taxes.  They  are  apportioned  according  to  the  number  of 
white  male  inhabitants  above  twenty-one  years  of  age 
Members  of  the  house  are  chosen  annually ;  senators  for 
tliree  years,  one  third  renewable  annually.  Legislature 
meets  on  the  first  Monday  in  December. 

The  governor  is  chosen  by  the  people  for  three  years, 
and  is  eligible  six  years  in  nine;  he  must  be  thirty  years 
of  age,  and  he  must  have  been  a  resident  citizen  five 
years.  Fie  has  the  power  of  pardon,  except  in  case  of 
impeachment;  and  a  qualified  negative.  He  nominates  all 
oiTicers,  with  a  few  exceptions,  to  the  senate.  The  lieu- 
tenant gtivernor  is  j)resident  of  the  senate. 

The  judges  of  the  supreme  court  are  appointed  by  the 
governor,  with  the  consent  of  the  senate;  the  president 
of  the  circuit  (ov  county)  courts,  by  the  joint  ballot  of  the 
two  branches  of  the  legislature  ;  and  the  a.ssociate  judges 
of  this  court  are  elected  by  the  people.  They  are  remo 
vable  on  impeachment. 

Education  is  liberally  provided  for.  Slavery  is  prohi 
bited.  Acts  of  the  legislature  are  not  in  force  till  publish 
cd  in  print.     Religious  freedom  is  established. 

447.  State  of  Lnulsiana.  Constitution  adopted  in  1^19 
It  is  amendable  by  convention. 

The  legislature  consists  of  a  senate  and  house  of  rep- 
resentatives. Senators,  fourteen  in  number,  are  chosen 
in  districts,  for  four  years,  half  renewed  biennially.  I'hey 
must  have  been  resident  citizens  four  years;  they  must 
be  twenty- seven  years  of  age,  and  freeholders  to  the  valuo 
of  =€1000.  Representatives  are  chosen  for  two  years ; 
they  must  have  been  resident  citizens  two  years ;  and 
they  must  be  freeholders.     They  are  chosen  on  the  basis 


The  judges?  443.  Indiani.  How  are  members  of  the  legisla  uro 
(iijportioued?  How  elec:ed  and  qualified?  The  goveiDor'!  ilo^ 
ai-e  the  judges  appoinicJ?    447.  Louisiana.  How  is  the  lef,n>lalure 


186  STATE  GOVERNMENTS.  Part  IV. 

of  the  number  of  qualified  electors ;  and  their  number 
may  not  be  less  than  twenty-five,  nor  more  than  fifty. 
Meeting  of  the  legislature  is  on  the  first  Monday  in  Jan- 
uary. 

The  governor  is  elected  for  four  years,  and  is  ineligi- 
ble for  the  next  four  years  ;  he  must  be  a  citizen  resident 
six  years,  thirty  years  of  age,  and  a  freeholder  of  $5000 
value  Clergymen  and  members  of  congress  are  ineligi- 
ble. The  governor  has  the  power  of  pardoning,  with  the 
assent  of  the  senate,  except  in  impeachments.  He  has  a 
qualified  negative,  and  the  general  power  of  appointment, 
with  the  consent  of  the  senate.  The  president  of  the 
senate  succeeds  in  case  of  vacancy. 

Judges  hold  their  offices  during  good  behavior ;  and 
are  removable  on  impeachment,  or  address. 

All  white  male  citizens,  who  have  paid  a  tax,*are  vo- 
ters. 

The  clergy  are  excluded  from  civil  office.  The  con- 
stitution is  silent  as  to  religion,   education  and  slavery. 

448.  Stale,  of  Mississippi.  Constitution  adopted  in 
1S17. 

The  legislature  consists  of  a  senate  and  house ;  mem- 
bers of  both  are  chosen  by  the  qualified  electors  of  the 
state.  Members  of  the  house  of  representatives  must  bo 
resident  citizens  two  years:  twenty-two  years  of  age,  and 
freeholders  of  the  valae  of  $-500.  Whole  number  mu.st 
never  be  less  than  thirty-six,  nor  more  than  one  hundred, 
chosen  for  one  year.  Senators  shall  never  be  less  than 
one  fourth,  nor  more  than  one.  third,  of  the  number  of  the 
house;  apportioned  on  taxable  inhabitants,  in  districts; 
must  be  resident  citizens  four  years ;  twenty-six  years  of 
asre;  and  have  a  freehold,  or  other  estate  of  81000.  Time 
of  meeting,  first  Monday  in   November. 

The  governor  is  chosen  by  the  same  electors ;  must 
have  been  a  citizen  twenty  years,  a  citizen  resident  five 
years,  thirty  years  of  age,  and  a  freeholder  of  the  value 


consiiiutedl  The  executive?  Tenure  of  office  of  judges?  448.  Afi5- 
iisiijypL  How  is  the  legislature  constituted?  The  executive?  How 


Chap.   III.  ILLINOIS ALABAMA MISSOURI.  187 

of  $2000.  He  is  chosen  for  two  years.  He  has  no  pow- 
er of  appointment  He  has  the  power  of  pardoning,  ex- 
cept in  cases  of  treason  and  impeachment,  and  he  has  a 
qualified  negative.  There  is  a  lieutenant  governor,  who 
is  president  of  the  senate. 

The  judges  are  chosen  by  the  legislature,  during  good 
behavior  ;  they  are  removable  by  impeachment  or  address; 
are  disqualified  at  sixty-five  years  of  age. 

The  provisions  as  to  voters  amount  to  universal  sufTrage, 
Clergy  are  excluded  from  civil  office.  Legislature  shall 
provide,  by  law,  in  what  manner  and  in  what  courts  suits 
may  be  brought  against  the  state.  Religion  and  education 
"shall  be  forever  encouraged  in  this  state."  There  is  a 
provision  respecting  slaves,  similar  to  that  in  the  constitu- 
tion of  Kentucky. 

449.  State  of  Illinois.  This  constitution  was  establish- 
ed in  1818,  and  is,  in  general,  so  much  like  that  of  Mis- 
sissippi, that  it  is  unnecessary  to  notice  anything  but  the 
points  of  difTereuce.  Slavery  is  forbidden  in  Illinois. 
The  governor  and  the  judges  of  the  supreme  court,  jointly 
exercise  the  qualified  negative  on  legislative  acts,  which, 
in  some  other  states,  is  vested  in  the  governor.  Meeting  of 
the  legislature,  first  Monday  in  December,  every  second 
year.     Voting,  viva  voce. 

450.  State  of  Alabama..  Constitution  adopted  in  1819 
The  provisions  are  so  similar  to  those  in  the  state  of  Mis- 
sissippi, that  it  is  unnecessary  to  describe  them.  The  great- 
est numberof  representatives  is  one  hundred.  The  senate 
not  less  than  a  fourth,  nor  more  than  a  third  of  that  num- 
ber.    Meeting,  fourth  Monday  in  October. 

451.  Slate  of  Missouri.  Constitution  adopted  in  1820 
This  constitution  is  r<o  much  like  that  of  Mississippi,  that 
it  is  needless  to  describe  it.     Meeting  of  the  legislature. 


are  tlie  judges  chosen,  and  removed?  What  other  provisions?  419, 
4.")0,  451.  What  is  said  of  the  constitutions  of  Illinois,  Alabama  and 
Missouri? 


|||8  GOVERNMENT  OF  N.   YORK.  Part  IV 

first  Monday  in  November  of  every  second  year.     Whole 
linmber  of  representatives  never  to  exceed  one  hundred. 

(As  measures  are  in  progress  in  the  states  of  North 
Carolina  and  Tennessee  for  amending  their  constitutions. 
it  is  deemed  unnecessary  to  notice  any  of  the  provisions 
in  the  present  constitutions  of  those  states.] 


CHAPTER  IV. 

State  of  Ne2V  York. — T.egislatire  Dcjartn>f?i.t 

452.  The  government  of  this  state  is  divided  into  three 
branches,  the  legislative,  executive  and  judicial.  The 
manner  in  which  these  are  severally  constituted,  and  their 
respective  powers  and  duties,  are  prescribed  by  the  con- 
stitution, and  the  laws  that  have  been  enacted  in  pursu- 
ance thereof 

4.53.  The  legislature  is  composed  of  a  senate  and  as- 
sembly. The  senate  consists  of  thirty-two  members,  who 
must  be  freeholders.  They  are  elected  for  tour  years  ;  aud 
are  apportioned  equally  among  the  eight  senate  districts 
into  which  the  state  is  divided.  They  arc  so  classified, 
that  the  office  of  one  senator  in  each  district  shall  expire 
every  yeai',  in  order  that  one  senator  may  be  annually 
elected  in  each  senate  district.  [See  constitution,  Art.  I 
Sec.  5.] 

454.  The  assembly  consists  of  one  hundred  and  twen- 
ty-eight members,  who  are  annualh'  elected.  These  are 
apportioned  among  the  several  counties,  as  nearly  as  may 
be,  according  to  the  number  of  their  respective  inhabi- 
tants. 

455.  It  has  been  provided,  by  law,  that  members  of  the 
legislature  shall  be  privileged  from  arrest  on  civil  process. 


452.  How  is  the  gDvernment  of  this  state  divided?     453.  How  is 
itie  senate  consiituted'?    4[>4.  Oi  what  does  the  asscmbl}'  consisi'? 


Chap.   IV.  LKGISLATIVE  DEPARTMENT.  189 

during  their  attendance  at  the  session  of  the  house  to 
which  they  belong,  except  on  process  issued  in  any  suit 
brought  against  them  for  any  forfeiture,  misdemeanor,  or 
breach  of  trust,  in  any  office  or  place  of  public  trust  held 
by  them.  They  enjoy  the  like  privilege  for  fourteen  days 
previous  to  the  session  ;  and  also  while  going  to  or  from 
such  session,  provided  the  time  of  going  or  returning  do 
not  exceed  fourteen  days.  Officers  of  each  house,  also, 
while  in  actual  attendance,  are  not  liable  to  arrest  on  civil 
process.  Freedom  of  debate  is  secured  to  the  members 
of  each  house. 

4:36.  The  legislature  meets  at  the  capitol,  in  the  city  of 
Albany,  on  the  first  Tuesday  in  January  in  every  year. 
The  manner  in  which  each  house  is  organized,  the  choice 
of  its  officers,  its  mode  of  transacting-  business,  and  its 
power  to  punish  members,  are  nearly  the  same  as  in  the 
national  legislature. 

457.  If  application  is  to  be  made  to  the  legislature  of 
this  state,  for  the  passage  of  an  act  to  divide  or  alter  the 
bounds  of  a  county,  city  or  village;  or  to  erect  or  incor- 
porate a  new  one;  to  impose  a  tax  for  any  local  purpose 
in  any  county,  in  which  the  inhabitants  of  the  county  are 
proposed  to  be  taxed  ;  or  to  incorporate  any  association  or 
to  amend  its  charter :  persons  so  applying,  are  required 
to  give  notice  of  the  intended  application  by  advertise- 
ment, to  be  published  for  at  least  six  weeks  successively, 
immediately  before  such  application,  or  before  the  first 
day  of  the  session,  at  which  the  same  is  to  be  made.  Such 
notice  is  to  be  published  in  a  newspaper  printed  in  the 
county,  or  in  each  of  the  counties  in  which  the  objects  are 
to  be  carried  into  effect,  and  also,  in  case  of  an  intended 
application  for  the  imposition  of  any  tax,  in  the  state 
paper.  If  there  be  no  newspaper  in  a  county  in  which 
the  notice  is  required  to  be  published,  the  notice  must  be 
published  in  the  place  nearest  thereto,  in  which  a  news- 
paper is  published. 


4.55.  What  privileges  have  members  of  the  legislature?  Us  officers? 
456.  Time  of  meeting?  Its  organiza'ion,  powers,  &c.T  457.  In 
what  ca.scs  must  previous  notice  be  given  of  intended  applications 


190  GOVERNMENT  OF  N.   YORK,  Part  IV 

458.  Each  member  of  the  legislature  receives  for  hi» 
services,  three  dollars  for  each  day's  attendance,  and  three 
dollars  for  every  twenty  miles  of  the  distance  from  his 
residence  to  the  place  of  meeting,  to  be  computed  both 
for  going  to,  and  returning  from,  the  same.  The  clerk  of 
the  senate  receives  a  yearly  salary  of  $1200,  and  the 
■clerk  of  the  assembly,  a  salary  of  $1800;  from  which 
each  clerk  provides  his  own  assistants  and  clerks.  The 
chaplain,  sergeant-at-arms,  and  doorkeeper  of  each  house, 
and  assistant  doorkeeper  of  the  assembly,  receive  for  each 
day's  attendance,  the  same  compensation  as  members  of 
the  legislature. 

459.  The  clerks  of  the  senate  and  assembly  provide 
furniture  for  the  senate  and  assembly  chambers,  station- 
ary, firewood  and  other  articles,  for  the  use  of  the  legis- 
lature, the  expenses  of  which  are  paid  out  of  the  treasury. 


CHAPTER  V. 

Executive  Depnrtment. 

460.  The  governor  and  lieutenant  governor  are  the 
two  highest  executive  efficers  in  the  state.  Their  princi- 
pal powers  and  duties  are  prescribed  by  the  constitution  ; 
and  correspond,  very  nearly  to  the  powers  and  duties  of 
the  president  and  vice  president  of  the  United  States. 
The  salary  of  the  governor,  as  established  by  law,  is 
$4000  a  year  ;  that  of  his  private  secretary,  $5600.  The 
lieutenant  governor  has  six  dollars  a  day  for  his  attendance 
as  president  of  the  senate,  or  of  the  courts  for  the  trial  of  im- 
peachments, and  the  correction  of  errors ;  and  also  as 
commissioner  of  the  land  oflice  and  canal  fund,  when  not 


to  the  legislature?    and  howl    458.  What  is  the  compensation  of 
members  and  officers  of  the  legislature?    459.  How  are  the  furni- 
ture, stationary,  6tc.  provided? 
4S0.  "Who  are  the  highest  executive  officers  of  the  stalel    What 


Chap.  V.        EXECUTIVE  DEPARTMENT  I9< 

attending  the  session  of  the  senate,  or  of  the  court  of 
errors,  or  impeachments.  He  is  also  allowed  six  dollars 
for  every  twenty  miles  travelling,  in  going  to,  or  return- 
ing from,  the  place  of  meeting  in  the  discharge  of  these 
duties. 

461.  The  governor,  like  the  president,  is  aided,  in 
the  administration  of  the  government,  by  numerous  sub- 
ordinate officers.  The  principal  of  these  executive  offi- 
cers are,  the  secretary  of  state,  the  comptroller,  the 
treasurer,  the  attorney  general,  and  the  surveyor  general 

462.  The  secretary  of  state  has  the  custody  of  all  the 
books,  records,  deeds  to  the  state,  parchments,  maps  and 
papers  to  be  deposited  in  his  office.  He  receives  from  tiie 
legislature  bills  that  have  become  laws,  and  causes  them 
to  be  published.  He  distributes  the  printed  laws  and 
journals  of  each  session,  among  the  members  of  the  legis- 
lature, the  executive  and  judicial  officers,  the  county  and 
town  clerks,  and  other  otHcers  entitled  to  receive  them 
Four  copies  are  also  sent  to  the  secretary  of  state  of  ihe 
United  States.  The  secretary  of  state  has  a  deputy,  who 
may  perform  the  ordinary  duties  of  his  office.  The  sec- 
retary of  state  performs  the  duties  of  superintendent  of 
common  schools.  For  the  duties  of  both  of  these  offices, 
he  has  a  sxlary  of  $1500.  The  deputy  secretary  receives 
$1000:  he  serves  as  clerk,  also,  of  the  commissioners  of 
the  land  office. 

463.  The  coviptroller  superintends  the  fiscal  or  pecu 
niary  matters  of  the  state.  He  exhibits  to  the  legislature, 
at  its  annual  meeting,  a  statement  of  the  funds  of  the  state, 
of  its  revenue,  and  of  the  expenditures  during  the  prece- 
ding year,  with  an  estimate  of  the  expenditures  to  be 
defrayed  from  the  treasury  the  ensuing  year,  specifying 
the  objects  to  be  provided  for  by  law.  He  also  suggests 
plans  for  improving  and  managing  the  revenues;  keeps 
and  settles  all  the  accounts  of  the  state ;  and  draws  wai^ 


are  their  duties?  What  is  their  compensation'?  461.  What  are  the 
other  principal  execuiive  officers?  4C2.  What  are  the  duties  of 
the  secretary  of  state?  What  is  his  salary?  That  of  his  deputy? 
463.  What  are  the  dudes  of  the  comptroller?  His  salary?  That  of 


19^  GOVERNMENT  OF  N.   YORK.  Part  IV 

rants  on  the  treasurer  for  the  payment  of  all  moneys 
<lirected  by  law  to  be  paid  out  of  the  treasury:  and  he 
may,  in  behalf  of  the  people  of  the  state,  when  neccssarjr, 
borrow  money  to  pay  demands  against  the  state.  Leases, 
inortgagps,  bonds,  and  other  securiti(  s  given  to  the  state, 
arc  kept  in  his  office.  He  has  a  deputy  who  may  perform 
mobt  of  the  duties  of  his  office.  The  salary  of  the  comp- 
troller is  $2-500;  that  of  his  deputy,  $1500. 

454.  The  treasurer  receives  all  moneys  paid  into  the 
treasury  of  the  state.  He  is  required  to  give  a  bond  in 
the  sum  of  fifty  thousand  dollars,  with  four  or  more  sure- 
ties, for  the  faithful  performance  of  his  duties.  He  depos- 
ites  the  money  that  comes  into  his  hands,  in  such  banks 
in  the  city  of  Albany,  as  shall  be  deemed  safe,  and  shall 
pay  the  highest  rate  of  interest  to  the  state;  and  he  pays 
all  warrants  drawn  on  the  treasury  by  the  comptroller 
The  salary  of  the  treasurer  is  $1250 ;  that  of  his  clerk, 
$800. 

465.  The  attorney  general  prosecutes  and  defends  all 
the  suits  in  which  the  state,  is  interested.  And  he  may 
not  act  as  attorney  in  any  private  suit,  unless  the  people 
of  the  slate  be  interested  in  the  event.  He  receives  a  sal- 
ary of  $1000. 

466.  The  surveyor  general  superintends  surveys  and 
sales  of  lands  belonging  to  the  state.  He  keeps  in  his 
office  a  map,  and  when  the  bounds  of  a  town  cannot  be 
delineated,  he  may  order  a  special  survey  to  determine 
disputes.     He  has  a  salary  of  ^SOO  a  year. 

467.  There  is  appointed  b^  the  legislature  a  state  prin- 
ter, by  whom  all  printing  required  by  the  legislature  to 
be  done  for  the  state,  or  its  executive  officers,  shall  be  exe- 
cuted, unless  otherwise  especially  provided  by  law.  He 
is  required  to  be  a  printer  of  a  newspaper,  in  the  city  of 
Albany,  which  shall  be  deemed  the  state  paper,  and  shall 
be  published  daily,  weekly,  or  semi-weekly,  at  his  discre- 


his  deputyl  464.  What  are  the  duties  of  the  treasurer?  His  salary? 
Thai  of  his  clerk?  40.').  What  are  the  duties  of  the  attorney  gea- 
en!?  His  salary?  4G6.  What  are  the  diUies  of  the  surveyor  gen- 
eral? His  salary?  467.  How  is  ihe  stale  printer  appointed?    What 


ap. 


VI.  JUDICIAL  DKPAHTMENT.  193 


tioii,  in  which  every  law  must  be  published.  The  state 
printer  prints  a  certain  number  of  copies  of  the  journals 
of  each  house,  for  the  use  of  the  members,  and  for  distri- 
b'ltion  throughout  the  state;  and  also  a  specified  number 
of  copies  of  every  bill,  report,  memorial,  or  other  docu- 
ment, ordered  by  either  house  to  be  printed. 

i'oS.  The  salaries  of  the  precedmg,  and  other  officers 
of  the  government,  legislative,  executive  and  judicial, 
together  with  other  expenses  in  administering  the  gov- 
ernment of  the  state,  are  paid  out  of  the  general  fund. 
The  general  fund  consists  of  the  stocks,  debts,  and  other 
property  of  the  state,  together  with  the  increase  and  reve- 
nue thereof;  all  moneys  paid  into  the  treasury  for  duties 
on  pedlers ;  and  the  fees  of  office  received  by  the  secre- 
tary of  state,  the  comptroller,  and  the  surveyor  general. 
These  otiicers  receive  fixed  salaries  ;  and  thefi'  fees,  which 
are  established,  by  law,  are  paid  into  the  treasury,  and 
constitute  a  part  of  the  general  fund. 


CHAPTER  VI. 

Judicial  Deparlment. 

4G9.  No  government  can  be  said  to  be  complete  in 
which  provision  is  not  made  for  the  effectual  administra- 
tion of  justice.  The  end  of  all  judicial  power  is,  first,  to 
oblige  citizens  to  do  what  they  should  do  between  them- 
selves, and  to  make  reparation  for  wrongs  ;  and,  secondly, 
to  punish  them  for  crimes,  and  offences  against  the  com- 
munity. It  must  therefore  be  of  the  first  importance,  that 
persons  possessing  the  soundest  judgment,  and  unyielding 
integrity,  be  always  selected  to  exercise  this  power.  To 
secure  this  object,  the  constitution  hag  made  ample  provis 


are  his  cluiies?    468.    How  are  the  expenses  of  the  state  officers 
paid?  Of  what  is  the  general  fund  composed'? 

o 


19  4.  GOVERNMENT  OF  N.   YORK.  Part  IV". 

ion  in  the  general  government ;  and  the  state  constitutions, 
generally,  embrace  similar  provisions. 

470.  The  several  courts  constituting  the  judiciary  of 
the  state  of  New  York,  are  the  following :  court  of  errors, 
court  of  chancery,  supreme  court,  circuit  courts,  courts 
of  common  pleas  and  general  sessions,  courts  of  special 
sessions  and  justices'  courts. 

471.  The  court  of  errors  consists  of  the  president  of 
the  senate,  the  senators,  the  chancellor,  and  the  justices  of 
the  supreme  court.  As  a  court  of  errors,  its  business  is 
to  decide  cases  brought  by  appeal  from  decrees  in  chan- 
cery, and  by  writ  of  error  from  judgments  of  the  supreme 
court.  Upon  questions  affecting  the  merits  of  the  cause, 
or  any  point  dedded  in  either  of  the  latter  courts,  the 
chancellor  or  the  justices,  from  whose  decision  the  appeal 
is  brought, *have  no  voice  in  affirming  or  reversing  the 
decree  or  judgment.  It  has  full  power  to  correct  and  re- 
dress all  errors  that  may  happen  in  those  courts.  The 
judgment  of  the  court  of  errors  is  remitted  to  the  lower 
court  from  which  the  appeal  was  brought,  where  procee- 
dings shall  be  had  to  carry  the  appeal  into  effect.  Th: 
court  also  tries  impeachments. 

472.  The  powers  of  the  court  of  chancery  are  vcstc.', 
in  the  chancellor.     Every  circuit  judge  is  vice  chancellor 
within  the  limits  of  his  circuit,  and   has  all  the  originV 
powers  vested  in  the  chancellor,  in  matters  that  arise  ■ 
his  own  circuit,  or  wherein   the  defendants,  or  either 
them,  reside  within  it,  subject,  however,  to  the  appella: 
jurisdiction  of  the  chancellor.     And  all  appeals  from  an  v 
order  or  decree  made  by  a  vice  chancellor  to  the  court  .. 
errors,  must  first  be   reviewed  by  the  chancellor,  and  by 
him  reversed  or  affirmed,  except  in  cases  wherein  the 
latter  is  interested.  t .  \ 

473.  The  original  intention  of  instituting  this-cdort,  w-^s 
to  supply  the  defects  of  the  common  law ;  and  its  jurisdic- 


469.  What  is  the  object  of  all  judicial  pn-wev?  470.  What  courts 
oumposs  the  judiciary  of  thi-;  'Jtate?  471.  Of  what  oir.cer.s  is  tho 
court  of  errors  composed?  What  are  its  power.'??  47-3.  In  who-n 
are  the  powers  of  the  court  of   chancery  vested?    473.  For  what 


Chap.   VI.  JUDICIAL  DEPARTMENT.  195 

lion  extends  to  all  cases  in  which  the  common  law  affords 
no  relief,  or  not  that  relief  which  equity  requires.  If  a 
person  refuse  to  fulfil  or  execute  a  contract  for  the  sale  of 
land,  the  vendor  may  sue  at  common  law,  and  obtain  dam- 
ages ;  but  to  compel  the  performance  of  the  contract,  a 
decree  of  the  chancellor  is  requisite ;  and  if  the  vendor 
will  not  execute  a  deed  of  conveyance,  the  same  may  be 
done  by  a  master  in  chancery,  of  whom  one  or  more  are 
appointed  in  every  coimty,  and  who  perform  many  other 
duties,  by  order  of,  and  as  assistants  to,  the  chancellor : 
stating  accounts,  estimating  damages,  administering  oaths, 
taking  affidavits,  selling  land,  &c. 

474.  This  court  also,  by  injzmctio?i,  prohibits  persons 
from  doing  acts  that  are  against  equity.  A  judgment 
debtor  may  be  restrained  from  disposing  of  his  property; 
banks  may  be  restrained  from  doing  further  business  in 
case  of  supposed  insolvency  or  unfiurness  in  their  opera- 
tions ;  proceedings  in  law  may  be  stayed ;  persons  may 
be  restrained  from  committing  wastes  or  injury  on  lands ; 
and  many  other  like  restraints  are  imposed,  and  protections 
afforded,  by  injunction.  The  chancellor  has  the  power 
also  of  dissolving  marriage  contracts,  and  of  decreeing 
divorces. 

47-5.  In  this  court,  no  process  is  issued,  until  a  bill  of 
complaint  shall  hax'e  been  filed  by  the  plaintiff  with  the 
clerk  of  the  court,  who  then  issues  a  subpoena,  command- 
ing the  party  complained  of  to  appear  before  the  court  on 
a  day  mentioned  in  the  subpoena.  The  defendant  makes 
his  answer,  also  in  writing.  Witnesses  are  examined  on 
both  sides.  These  proceedings  are  had  before  an  exam- 
iner in  chancery,  who  transmits  them,  with  all  the  testi- 
mony, to  the  vice  chancellor  for  adjudication.  If  the 
defendant  does  not  appear  to  answer  to  the  complaint,  the 
decree  of  the  court  is  made  upon  the  facts  set  forth  in  the 
complainant's  bill. 


general  purpose  was  tliis  court  instituted?  What  are  the  outies  of 
a  master  in  chancery?  471.  For  what  purposes  are  injunctions 
laid!     475.  What  is  ihe  course  of  proceeding  in  a  chancery  suit! 


196  GOVERNMENT   OF  N.   YORK.  Part  IV 

476.  Solicitors  in  chancery  are  in  the  nature  of  attor- 
neys in  courts  of  common  laAv;  they  manage  the  pleadings, 
prepare  fjuestions  for  witnesses,  and  do  every  thing  that 
is  done  in  a  cause  where  the  party  does  not  appear  in 
person.  Masters  and  examiners  in  chancery  are  appoin- 
ted for  every  county  in  the  state,  by  the  governor  and  sen- 
ate, for  the  term  of  tiiree  years  ;  clerks  are  appointed,  and 
solicitors  are  licensed,  by  the  court. 

477.  The  principal  business  of  the  supreme  court  is  to 
review  the  proceedings  of  the  lower  courts,  in  cases  that 
have  been  brought  before  it  by  appeal.  It  holds  four 
terms  annually.  Issues  involving  suras  in  controversy 
exceeding  fifty  dollars,  are  joined  in  the  supreme  court. 

478.  The  state  is  divided  into  eight  senate  <iistricts  ;  in 
each  of  these  there  is  a  judge,  who  holds  annually  at  least 
two  circuit  courts,  and  courts  of  oyer  and  terminer  and 
jail  delivery,  in  ievery  county.  He  has  power,  and  it  is 
his  duty,  to  try  issues  joined  in  the  supreme  court;  to 
record  all  non-suits  and  defaults  before  him  :  and  to  return 
the  proceedings  into  the  supreme  court.  His  duty  as 
judge  at  the  court  of  oyer  and  terminer,  is  to  try  crimes 
and  misdemeanors,  committed  or  triable  in  the  county. 
He  has  power  to  trv  all  indictments  found  in  the  court  of 
general  sessions.  Crimes  and  misdemeanors  of  the  high- 
est grade,  are  tried  in  this  court. 

479.  A  court  of  common  pleas,  consisting  of  a  first 
judge  and  four  associate  judges,  is  held  in  every  county, 
and  has  power  to  try  actions  arising  within  the  county, 
and  all  transitory  actions,  although  the  same  may  not  have 
arisen  within  the  county ;  and  to  hear  and  determine  ap- 
peals from  justices'  courts.  It  has  also  the  power  to  try 
issues  joined  in  the  supreme  court,  as  the  circuit  court. 
Any  three  judges  of  the  county  courts  have  power  to  hold 
a  court  of  common  pleas,  or  of  general  sessions  of  the 
peace. 

What  are  the  duties  of  an  examiner?  476.  What  are  solicitors  in 
chancery?  How  are  ihe  several  officers  of  this  court  appointCiiT 
477.  What  is  the  business  of  the  supreme  court?  How  constituted? 
(See  constitution.)  478.  How  are  circuitcourls  constituted?  What 
are  their  powers?     479,  480.     How  are  courts  of  common  pleas 


Chap.  VI.  JUDICIAL  DEPARTMEKT.  197 

480.  When  a  sufficient  number  of  judges  shall  not  ap- 
pear at  a  court  of  general  sessions,  justices  of  the  peace 
shall  be  associated  with  a  judge  or  judges.  This  court 
has  power  to  try  and  punish  all  crimes  and  misdemeanors 
nut  punishable \vith  death,  or  imprisonment  for  life;  and 
to  send  all  indictments  for  offences  not  triable  therein,  to 
the  next  court  of  oyer  and  terminer  and  jail  delivery  ior 
trial.     The  duties  of  this  court  are  numerous. 

481.  The  salaries  and  compensation  of  judicial  officers 
are  as  follows :  The  chancellor  and  the  three  justices  of 
the  supreme  court  have  a  salary  of  $2500  each ;  the  cir- 
cuit judges,  $1600  each;  senators  as  members  of  the  court 
of  errors,  when  the  legislature  is  not  in  session,  have  the 
same  compensation  as  is  received  by  members  of  the 
legislature.  Judges  of  county  courts  receive  two  dollars 
a  day,  during  their  attendance  at  court. 

482.  A  court  of  special  sessions,  consisting  of  three 
justices  of  the  peace,  or  two  justices  and  one  judge  of  the 
county  court,  may  be  held  for  the  trial  of  certain  offences 
against  the  peace. 

483.  For  the  administration  of  justice  in  the  several 
cities  in  this  state,  or  most  of  them,  special  provisions  are 
made  by  law;  and  their  courts  are  in  many  respects  dif- 
ferently constituted  from  those  in  the  several  towns  and 
counties  in  the  state. 

484.  Juries  for  the  trial  of  issues  of  fact  are  thus  ob- 
tained ;  The  supervisor,  town  clerk  and  assessors  of  the 
several  towns,  make  a  list  of  persons  to  serve  as  jurors, 
who  shall  be  free  from  all  legal  exceptions,  of  approved 
integrity,  of  sound  judgment  and  well  informed.  The 
names  of  these  persons  are  transmitted  to  the  county  clerk; 
from  which  he  draws,  fourteen  days  before  the  holding  of 
every  court,  the  names  of  thirty-six  persons  to  serve  as 
jurors,  and  any  additional  number  that  shall  have  been 
ordered.     The  slips  of  paper  on  which  the  names  are 


and  general  sesions  constituted'?  What  are  their  pswers'!  481. 
What  is  the  compensation  of  the  several  judicial  officers?  482.  Of 
what  do  courts  of  s)>ecial  sessions  constitute?  483.  What  provis- 
ion is  made  lor  adniinislering  justice  in  citiesl    484.  How  are  Usts 


198  GOVERNMENT  OF  N.  YORK.  Part  IV. 

written,  are  put  into  a  box,  and  shaken  so  as  to  mix  them 
as  much  as  possible;  and  thoy  are  then  drawn  out  by  the 
clerk,  in  presence  0/  the  sheriff  and  a  judge  of  the  county. 
The  list  so  drawn  is  thtn  delivered  to  the  sheriff,  who 
summons  the  persons  named  therein  to  attend  the  silting 
of  the  court.  These  are  called  fetit  jurors,  twelve  of 
whom  sit  on  every  trial,  and  all  must  agree  in  order  to 
conviction  or  judgment. 

485.  Grand  jurors  are  obtained  in  the  same  manner  as 
petit  jurors,  except  that  the  list  is  prepared  by  the  super- 
visors at  tlieir  annual  meeting.  Not  more  than  twenty- 
three,  nor  less  than  sixteen  persons,  are  sworn  on  any 
:,'rand  jury.  One  of  their  number  is  appointed  by  the 
I'ourt  as  foreman,  who  administers  the  oa:ths  to  witnesses 
appearing  to  testify  before  the  jury.  Every  grand  jury 
appoints  one  of  their  number  to  be  clerk.  The  minutes 
are  preserved  and  delivered  to  the  district  attorney,  when 
so  directed. 

486.  It  is  not  the  business  of  grand  juries  to  try  issues. 
They  attend  during  the  sitting  ol  the  courts,  to  hear  com- 
plaints that  may  be  brought  before  them  for  breaches  of 
the  peace,  or  lor  crimes ;  and  declare  whether  or  not  the 
person  complained  of  shall  be  put  upon  his  trial.  If 
twelve  of  the  jurors  are  of  opinion  that  he  ought  to  be 
tried,  the  district  attorney  draws  up  an  indictment,  stating 
the  crime  charged  upon  him.  The  foreman  signs  in  be- 
half of  the  jury,  and  it  is  carried  by  the  jury  to  the  court. 
The  accused  is  then  called  to  be  put  upon  trial.  If  he 
has  never  been  arrested,  a  w^arrant  is  issued  to  arrest  him  ; 
and  if  he  be  not  ready  for  trial  he  is  put  into  prison,  unless 
he  give  bail  for  his  appearance  for  trial  at  the  next  court. 
On  indictment  for  capital  offences,  this  privilege  may  not 
be  given. 

487.  Justices^  courts  are  courts  of  the  most  limited 
jurisdiction,  and  are  held  by  the  justices  elected  in  each 


of  nelitjiiror.s  prepared?  How  many  are  drawnl  By  whom?  In 
what  manner?  485.  How  are  lists  of  grand  jurors  prepared? 
What  number  mav  be  sworn  to  serve?  486.  How  i.«  the  business 
ol  the  jury  conducted?    What  number  mu.st  be  agreed  in  order  10 


Ohap.   VI.  JUDICIAL  DEPARTMENT.  199 

town.  They  have  power  only  to  try  causes  wherein  the 
damages  claimed  do  not  exceed  fifty  dollars ;  excepting 
that,  in  actions  commenced  by  attachment  of  property, 
wherein  the  damages  claimed  do  not  exceed  one  hundred 
dollars,  ihey  have  jurisdiction;  and  they  may  also  take 
and  enter  judgment  on  confession  of  a  defendant  for  the 
sum  of  two  hundred  and  fifty  dollars.  But  they  have  no 
power  to  try  assault  and  battery,  false  imprisonment,  slan- 
der or  malicious  provocation;  nor  any  matters  wherein 
the  sum  total  of  the  accounts  of  both  parties  is  more  than 
four  hundred  dollars.  Any  justice  being  a  tavern  keeper, 
shall  have  no  power  other  than  that  of  issuing  executions 
upon  judgments  rendered  by  him  before  he  became  so 
disqualified. 

488.  Actions  must  be  brought  before  some  justice  of 
the  town  wherein  either  a  plaiatifT  or  defendant  resides, 
or  of  the  town  next  adjoining.  But  if  a  defendant  has 
absconded,  the  suit  may  be  brought  before  a  justice  of  the 
town  wherein  the  defendant  ov  bis  property  may  be.  If 
the  plaintiff  or  defendant  be  a  non-resident  of  the  countj', 
the  suit  may  be  brougiit  in  the  town  wherein  the  plaintiff 
or  defendant  may  be.    ' 

489.  Either  party  thinking  himself  aggrieved  by  a 
judgment  rendered  before  a  justice,  for  damages  not  ex- 
ceeding twenty-five  dollars,  may  remove  the  same  by  a 
writ  of  certiorari,  to  the  court  of  common  pleas.  And  if 
the  judgment  excee.d  that  amount,  the  party  to  the  judg- 
ment xii-CKy  appeal  therefrom  to  the  said  court.  In  a  case 
brought  by  certiorari,  the  judges  act  without  jury,  and 
give  their  judgment  upon  the  affidavit  of  the  party  remo- 
ving the  suit,  and  the  return  of  the  justice,  in  which  the 
testimony  and  proceedings  before  the  justice  are  set  forth. 
Issues  of  fact  brought  up,  on  appeal,  are  tried  by  a  jury, 
or  referred  in  the  same  manner' as  an  original  suit.  Juries 
are  allowed  in  all  cases  in  justices'  courts,  if  desired  by 
either  party. 

iudict?  487.  How  far  does  the  jurisdiction  of  a  justice's  court 
exteudi  In  what  case  does  a  justice  become  disqualified?  4H8. 
Where  must  actions  be  commenced?  489. How  are  causes  removed 
in  the  court  of  common  pleas? 


200  GOVERNMENT  OF  N.   YORK.  Part  IV 


CHAPTER  VII. 

Of  Counties. — Cou-n^y   Ojjlccrs — Iheir  Powers   and  Du- 
ties. 

490.  For  tlip  more  convenient  administration  of  justice. 
It  has  been  found  necessary  to  divide  states  of  any  con- 
siderable extent,  into  districts,  with  administrations  adap- 
ted to  the  management  of  their  loeal  affairs.  The  first 
!j;Tand  division  in  these  United  States,  is  into  counties,  or 
skires:  these  are  again  subdivided  into  towns.  I'liese 
districts  correspond  to  similar  institutions  in  England,  the 
country  of  our  ancestors. 

491.  A  county  or  town,  as  a  body  corporate,  has  certain 
powers  and  rights.  A  corporation  or  body  politic,  means 
a  number  of  persons  formed.or  inci)r'po rated  into  one  body, 
with  the  power  of  acting  under  one  name.  The  ward 
corporation  is  derived  from  the  Lstin,  corf  us,  meaning 
body.  Corporations  have  a  perpetual  succession.  For. 
when  the  persons  constituting  a  corporation  shall  have 
passed  off,  and  been  succeeded  by  others,  the  corporation 
will  still  exist.  Every  state,  county  or  town,  as  well  as 
every  bank  or  turnpike  company,  acting  under  a  common 
name,  by  virtue  of  a  public  law,  is  a  corporation. 

49-2.  Each  county  in  the  st;i*tfe  has  a  capacity  to  sue  and 
be  sued;  to  buy  and  hold  lands  within  its  own  limits;  to 
buy  and  hold  such  personal  property  as  may  be  necessary 
to  the  exercise  of  its  corporate  powers ;  and  to  make 
such  orders  for  the  regulation  and  use  of  its  property 
as  the  interests  of  its  inhabitants  may  require. 

493.  The  principal  county  officers  are,  the  board  of 
supervisors,  a  county  treasurer,  a  clerk,  a  sheriff^  four 
coroners,  a  surrogate,  and  a  district  attorney. 


400.  How  are  states  divided?  For  what  piirposel  481.  What 
i.-^  a  corporoiion?  492.  What  capacity  er  powers  does  a  county  p*-.^- 
sess?  493.  What  are  the  principal  officers  appointed  and  elected  in 


Chap.    VII.  COUNTY  OFFICERS.  201 

404.  The  board  of  supervisors  consists  of  the  supervi- 
sors of  the  several  towns  in  the  county,  who  meet  annually 
on  a  day  designated  by  law,  which  is,  in  most  of  the 
counties,  in  the  month  of  October  or  November  ;  and  they 
mav  also  hold  special  meetings  whenever  it  may  be  ne- 
cessary. Their  duties  and  powers  are,  to  make  orders 
respecting  the  corporate  property  of  the  county ;  to  ex- 
amine and  settle  the  accounts  against  t-he  county,  and  to 
order  the  raising  of  money  to  defray  its  expenses;  to 
provide  for  repairing  the  court  house  and  jail,  and  fitting 
them  for  the  purposes  for  v^^hich  they  are  riaquired.  They 
choose  one  of  their  number,  at  every  meeting,  to  preside  . 
as  chairman,  and  appoint  some  proper  person  to  be  their 
clerk%  whose  duty  it  is  to  record  the  proceedings  of  the 
board,  and  to  preserve  and  file  all  accounts' passed  upon 
by  the  board.  ,      " 

495.  The  county  treasurer  is  appointed  by  the  board 
of  supervisors,  and  holds  his  office  at  th&ir  pleasure.  He 
gives  a  bond,  with  sureties,for  the  faithful  execution  of 
his  duties.  It  is  his  duty  to  receive  all  moneys  belonging 
to  the  county,  and  all  moneys  belonging  to  the  state,  that 
arc  by  law  directed  to  be  paid  to  him;  and  to  pay  and 
apply  such  moneys  in  the  manner  required  by  law,  and 
to  render  a  true  account  thereof  to  the  board  of  supervi- 
sors and  to  the  comptroller  of  the  state  when  required. 

496.  The  comity  clerk  is  elected  by  the  pet>ple  at  the 
annual  election,  and  holds  his  olRce  for  three  years.  He 
has  the  custody  of  all  the  books,  records,  deeds,  parch- 
ments, maps  and  papers,  relating  to  the  business  of  the 
olTioe  He  records,  in  books  prepared  for  that  purpose, 
all  deeds,  mortgages,  or  other  conveyances,  and  all  papers 
and  documents  I'equired  bv  law  to  be  recorded.  He  also 
files  all  papers  required  to  be  filed  rn  his  office.  He  ap- 
points a  deputy  clerk,  who  is  authorized  to  perform  the  du- 
ties of  the  office.  County  clerks,  except  in  the  county  of 
New  York,  serve  also  as  clerks  of  the  county  and  circuit 
courts  held  in  their  respective  counties. 

each  county?  494.  What  are  the  powers  and  duties  of  the  Board 
of  supervisors?  Of  their  clerk?  495.  How  is  the  county  tr<::astirer 
appointed?     What  are  his  duties'?    496.  How  is  the  county  clerk 


202  GOVERNMENT  OF  N.   YORK.  Part  IV- 

497.  Sheriffs  also  are  elected  at  the  annual  election  in 
November,  for  three  years-  they  may  not  be  re-elected 

'  for  the  next  three  years.  A  sheriff  is  required  to  give  a 
bond,  with  sureties,  in  the  penal  sum  of  twenty  thousand 
dollars,  for  the  faithful  performance  of  his  duties  ;  and  this 
bond  is  to  be  renewed  every  year.  He  appoints  an  tinder 
sheriff^  who  performs  the  duties  of  sheriff  when  the  office 
shall  be  vacant,  and  as  many  deouties  as  he  may  think 
proper.  It  is  the  duty  of  the  sheriff  to  attend  the  sitting 
ail  courts  held  in  the  county;  to  serve  all  processes 
irectcd  to  him  by  any  of  the  state  or  county  courts;  to 
have  the  custody  of  the  jails  and  prisons,  and  the  prison- 
ers in  the  same.  Executions  issued  out  of  au}'^  courts  in 
the  state,  again.st  the  property  of  any  person,  are  directed 
to  the  sherifT  of  the  county  in  which  the  person  resides. 

498.  When  a  person  has  been  slain,  or  has  suddenly  , 
died,  or  has  been  dangerously  wounded,  notice  is  given  to 
the  coroner,  who  goes  to  the  place  where  such  person 
shall  be,  and  summons  a  jury  to  make  inquisition  respec- 
ting such  death  or  wounding.  Witnesses  are  also  called, 
among  whom  there  is  a  physician  or  :)Urgeon.  The  jury, 
upon  inspecting  the  body  of  the  person  dead  or  wounded, 
and  hearing  the  testimony,  deliver  to  the  coroner  their 
inquisition,  in  writing,  stating  in  what  manner  the  person 
came  to  his  death,  or  was  v\-ounded.  If  a  murder  or  as- 
sault has  been  committed,  the  coroner  binds  over  the  wit- 
nesses to  appear  and  testify  before  the  grand  jury  at  the 

Maext  criminal  court  to  be  held  in  the  county.  An  exami- 
nation of  this  kind,  into  the  cause  of  a  person's  death,  is 
o-alled  a  coroner'' s  hujucxt.  Coroners  also  perform  the 
duties  of  sheriff^  when  vacancies  happen  in  the  oiBces  of 
both  sheriff  and  under  sheriff 

499.  A  mrrogalt  is  a  person  that  is  appointed  to  make 
inquiry  into,  and  settle  the  estates  o{  persons  deceased. 
\\v  exammes  witnesses  to  prove  whether  the  wills  made 


elected?  What  nre  iis  duties'?  Of  his  deputy''  497.  How  are 
slipriffs  elected?  What  are  their  duties?  What  subordinate  oifieers 
do  they  appoint!  498.  What  are  the  duties  of  coroners?  What 
')  aer  duties  soinetimes  devolve  on  iheni?    499.  What  are  the  du- 


Chap.  VIII.  TOWN  OFFICERS.  203 

by  such  persons  are  valid  or  not.  If  he  be  satisfied  that  a 
will  was  executed  as  the  law  requires,  he  approves  of  it. 
If  there  be  no  will,  or  none  that  is  legal,  he  appoints  an 
administrator  to  dispose  of  the  property,  and  settle  the 
estate.  The  person  exercising  the  duties  of  surrogate,  is 
in  some  states  called  a  judge  of  probate.  Probate  is  a 
Latin  word,  meaning  proof;  and  is  used  in  law  to  signify 
the  proving  of  a  will.  Surrogates,  in  this  state,  are  ap- 
pointed by  the  governor  and  senate. 

500.   The  diairict  attorney  attends  the  courts  oyer  and 

terminer  and  jail  delivery,  and  general  sessions,  and  gou- 

diicts  all  prosecutions  for  crimes  cognizable  in  such  courts. 

T)i*trict  attorneys  are  appointed   by  the  judges    of    the 

jiective  county  courts. 


CHAPTER  VI] I. 

Of  Toiriis. — Election  of  Toxcn   OjJi.cer.<; — their  Poiccrs 
ana  Duties. 

501.  Towns  are  made  to  comprise  such  portions  of 
territory  as  will  admit  of  a  direct  participation  in  their 
government  by  all  the  people.  The  -  government  of  a 
town  is  therefore  purely  democratic.  Towns  are  incor- 
porated by  a  general  law  of  the  state  ;  and  their  organi- 
zation is  uniform,  and  their  powers  and  privileges  are  the 
same,  throughout  each  state. 

502.  A  town,  as  a  body  corporate,  may  sue  and  be  sued: 
buy  and  hold  lands,  within  its  own  limits,  for  the  use  of 
its  inhabitants;  buy  and  hold  personal  property  necessary 
to  the  exercise  of  its  corporate  powers  ;  and  make  such 
orders  for  the  disposition  and  use  of  its  propert3%  as  the 

ties  of  a  snrrosfate?  500.  What  are  the  dutiesof  a  district  attornej-? 
How  appointed? 

591.  Of  what  character  is  the  government  of  a  town?  Howare! 
towns  hicorporaled?  50:2.  What  are  its  corporate  powers?  503.  When 


204  GOVERNMENT  OF  N.   YORK.  Part  IV. 

interests  of  its  inhabitants  may  require.  The  electors  of 
a  town  have  power,  at  their  annual  town  meeting,  to  direct 
money  to  be  raised  for  town  purposes;  to  establish  the 
compensation  of  certain  town  officers ;  to  make  regulations 
as  to  fences;  to  direct  what  sum  shall  be  raised  in  the 
town  for  the  support  of  common  schools  ;  and  to  perform 
sundry  other  acts  that  relate  to  their  internal  affairs. 

503.  A  meeting  of  the  citizens  qualified  to  vote,  is  held 
in  each  town  in  the  state,  on  some  Tuesday  between  the 
first  Tuesday  in  February  and  the  first  Tuesday  in  May, 
in  each  year,  for  the  election  of  town  officers.  The  officers 
to  be  elected  are,  a  supervisor  ;  a  town  clerk ;  assessors,  not 
less  than  three,  nor  more  than  five;  a  collector;  two  over- 
seers of  the  poor  ;  three  commisioners,  and  three  inspec- 
tors of  common  schools;  constables,  not  more  than  five; 
a  sealer  of  weights  and  measures ;  as  many  overseers  of 
highways  as  there  are  road  districts  in  the  town ;  and  so 
many  pound  masters  as  the  electors  may  determine.  Ail 
the  town  officers  must  be  elected  by  ballot,  except  the 
sealer,  overseers  of  highways,  and  pound  masters  ;  who 
may  be  elected,  eh  her  by  ballot,  by  aves  and  noes,  or  by 
the  rising  and  dividingof  the  electors,  as  the  meeting  mav 
determine.  All  the  officers  voted  for  by  ballot,  shall  be 
named  in  the  same  ballot. 

504.  The  supervisor  receives  and  paj's  overall  moneys 
raised  in  the  town,  for  defraying  town  charges,  exce[)t 
those  raised  for  the  support  of  highways  and  bridges,  of 
common  schools,  and  of  the  poor,  where  poor  moneys  arc 
raised.  He  prosecutes  for  penalties  of  fifty  dollars  or 
under :  keeps  account  of  m.oneys  received  and  disbursed 
by  him,  and  accounts  annually  to  the  justices  and  town 
clerk:  attends  the  annual  meeting  of  the  board  of  super- 
visors of  the  county;  and  lays  before  such  board  all  ac- 
counts presented  to  him  against  the  town. 

505.  The  toicn  clerk  keeps  the  records,  books  and  pa- 
pers of  the  town,  and  files  all  papers  required  to  be  filed 


are  town  meeting's  in  the  state  of  New  York  held?  What  officers 
are  chosen!  How  are  they  voted  fori  504.  What  are  the  power*; 
and  duties  ot  a  supervisor?     503.  What  are  the  duties  of  a  town 


Chap.  VIII.  TOWN  OFFICERS.  20.5 

in  his  office,  and  records  the  minutes  of  the  proceedings 
of  town  meetings. 

506.  It  is  the  duty  of  every  member  of  the  community 
to  contribute  to  its  support  and  prosperity.  This  duty 
resuhs  from  the  relations  of  men  in  civil  society.  Where- 
soever this  duty  exists,  there  exists  also,  of  necessity,  the 
right  to  enforce  it.  Taxes,  to  be  equitable,  ought  to  be 
laid,  not  upon  persons,  but  upon  the  property  possessed  or 
used  by  individuals.  It  is  upon  this  principle  that  taxa- 
tion is  founded  in  this  country. 

507.  All  lands,' and  all  personal  estate,  are  liable  to 
taxation  in  this  State.-  Lands,  real  estate,  and  real  jjrop- 
erty,  have  the  same  meaning,  and  include  land  with  all 
buildings,  and  other  articles  erected  or  growing  thereon. 

■Pp.rsonal  estate  and  personal  property,  include  all  house- 
"hold  furniture,  moneys,  goods,  chattels,  debts  due  from 
solvent  debtors,  &c. 

508.  Assessors  pass  through  the  town,  and  set  down 
the  names  of  all  taxable  inhabitants,  and  the  value  of  all 
the  real  and  personal  property  of  each,  deducting  from  his 
persona]  property  the  debts  owing  by  him.  After  the  assess- 
ment roil  shall  be  completed,  notices  shall  be  put  up  in  three 
or  four  places  in  the  town,  stating  that  the  assessment  roll 
is  completed,  and  left  whh  one  of  their  number,  to  be  de- 
signated in  the  notice,  where  the  same  may  be  examined 
by  any  of  the  inhabitants  during  twenty  days ;  at  the  ex- 
piration of  which  time,  the  assessors  meet  at  the  time 
specified  to  review  their  assessments.  Persons  who  con- 
ceive themselves  aggrieved  by  too  high  a  valuation  of 
their  property,  make  affidavit  of  its  true  value;  and  the 
the  assessors  then  reduce  their  assessments  accordingly. 

509.  The  assessment  rolls  of  the  several  towns  in  the 
county  are  examined  by  the  board  of  supervisors  at  their 
annual  meeting ;  whose  duty  it  is  to  equalize  the  valua- 
tions of  one  town  with  those  of  another.  The  tax  is  then 
estimated,  which  is  done  by  a  clerk  appointed  for  that 

ekrk?  506.  What  is  the  proper  principle  of  taxation?  507.  What 
is  rcaZ  propel  tv?  Per so-n^Z  property?  508.  How  are  assessments 
made?     509.  By  whom  are  the  assessment  rolls  examined?    Who 


206  GOVERNMENT  OF  N.  YORK.  Part  IV. 

purpose,  and  set  down  opposite  the  name  and  amount  of 
the  property  of  each  individual  on  the  roll.  A  copy  of 
the  assessment  roll  is  then  delivered  to  each  of  the  super- 
visors, who  delivers  it  to  the  town  clerk  of  his  town,  to  be 
kept  for  the  use  of  the  town,  and  another  copy  is  to  be 
delivered  to  the  collector  of  the  town  by  the  fifteenth  day 
of  December;  to  which  roll  is  annexed  a  warrant,  under 
the  hands  and  seals  of  the  board  of  supervisors,  command- 
ing' him  to  collect  from  the  several  persons  named  in  the 
roll,  the  amount  of  tax  opposite  their  respective  names. 

510.  The  collector,  upon  receiving  the  tax  list  and  war- 
rant collects  the  taxes.  If  any  person  shall  refuse  or 
neglect  to  pay  the  tax  imposed  on  him,  the  collector  shall 
levy  the  same  by  distress  and  sale  of  the  property  of  the 
person  from  whom  the  tax  is  due.  The  collector  is  requir- 
ed to  pay  out  of  the  moneys  by  him  collected,  to  the  com- 
missioners of  common  schools,  overseers  of  the  poor, 
(where  there  is  no  poor  house  in  the  county,)  commission- 
ers of  highways,  and  the  supervisors,  the  sums  required 
in  the  warrant  to  be  paid  to  them ;  and  the  remainder  is 
paid  to  the  county  treasurer;  the  collector  first  retaining 
the  compensation  to  which  he  is  entitled. 

511.  It  is  the  duty  of  the  over  seem  of  the  poor,  on  ap- 
plication being  made  to  them  for  the  relief  of  poor  or 
indigent  persons,  to  provide  for  their  support  in  the  town; 
or,  in  a  county  ni  which  there  is  a  poor  house,  for  their 
removal  to  the  poor  house  of  the  county,  to  be  supported 
at  the  expense  of  the  county. 

512.  The  commissioners  of  highicayx  have  the  care  and 
superintendence  of  the  highways  and  bridges  in  the  town: 
and  it  is  their  duty  to  alter  and  lay  out  loads,  and  build 
bridges,  and  to  cause  them  to  be  repaired.  They  divide 
the  town  into  so  many  road  districts  as  are  judged  con- 
venient, and  require  the  overseers  of  highways  to  warn  all 
persons  in  their  respective  districts  to  work  on  the  high- 
ways, the  number  of  days  they  shall  have  been  assessed 


estimates  the  tax?  510.  By  what  officer,  and  how,  are  taxes  col - 
Iccied?  511.  What  are  the  duties  of  overseers  of  the  poor?  512.  What 
ue  tite  duties  of  cominissioa«rs  of  highwaysT    513.  What  arethe 


Chap.  VIII.  TOWN  OFFICERS.  207 

by  the  commi.ssioners.  Every  person  owning  or  occu- 
pying' land  in  the  town,  and  every  male  inhabitant  of  the 
ao-e  of  twenty-one  years,  residing  in  the  town  where  the 
assessment  is  made,  may  be  assessed  to  work  on  the  high- 
ways. 

513.  The  commissioners  of  common  scAoo/s  divide  their 
town  into  school  districts,  number  them,  and  deliver  the 
numbers  and  des'^ription  thereof  to  the  town  clerk  to  be 
recorded.  They  also  apportion  the  school  moneys  recei- 
ved by  them,  among  the  several  districts.  Commission- 
ers are  authorized  to  serve  as  inspectors  of  schools. 

.514.  The  inspectors  of  common  schools  examine  all 
persons  offering  themselves  as  teachers ;  and  if  they  are 
satisfied  as  to  the  qualifications  of  a  candidate,  in  respect 
to  moral  character,  learning  and  ability,  they  deliver 
to  him  a  certificate  signed  by  them,  stating  that  they 
believe  him  to  be  duly  qualified.  It  is  also  made  their 
duty  to  visit  all  the  schools  in  their  town,  at  least  once  a 
year,  to  examine  into  their  state  and  condition,  and  to  give 
their  advice  as  to  the  government  of  the  schools,  and  the 
course  of  studies  to  be  pursued  in  them. 

.515.  The  duties  of  a  constable  are  very  numerous. 
His  principal  duties  are,  to  serve  all  processes  issued  by 
justices  of  the  peace,  of  a  civil  and  criminal  nature,  to 
collect  debts  on  execution,  to  aid  in  keeping  the  peace,  and 
to  apprehend  and  secure  criminals.  He  is  properly  an 
executive  officer,  as  his  business  relates  to  the  execution  of 
the  laws. 

516.  Four  justices  of  the  peace  are  chosen  in  each 
town  in  the  state,  (except  in  cities,)  whose  duty  it  is  to 
administer  justice  in  the  town  in  which  they  are  chosen. 
As  these  are  judicial  officers,  their  powers  and  duties  may 
be  considered  as  more  properly  falling  under  the  head  of 
"  Judiciary,"  or  "  Courts  of  Justice." 

duties  of  commissioners  of  common  schools?  514,  What  are  the 
duties  of  inspectors  of  common  schools'?  515.  What  are  the  duties 
©f  constables?     51fi.  What  are  the  duties  ol  justices  of  the  peace? 


208  GOVERNMENT  OF  N.   YORK.  Part  IV. 

517.  In  this  state,  the  election  of  all  public  officers  by 
the  people  at  large,  is  by  fluralHy;  that  is,  the  person  is 
elected  who  has  more  votes  than  any  other,  although  he 
has  not  a  majority  of  the  whole.  In  some  of  the  states, 
a  majority  of  all  the  votes  given,  is  nec-^ssary  to  a  choice: 
this  is  called  election  by  'tiiajoriiy.  It  is  objected  to  the 
mode  of  election  by  plurality,  that  a  candidate  may  be 
elected  by  a  minority  of  the  voters,  as  is  often  the  case 
when  thei^e  are  three  or  move  candidates.  But  it  is  be- 
lieved that  this  objection  is  more  than  counterbalanced  by 
the  difllculty  of  effecting  an  election,  Avhich  is  often  expe- 
rienctd  where  the  majority  system  prevails.  When  par- 
lies are  nur^erous,  and  nearly  equally  balanced,  it  is  impos- 
sible to  elect  the  candidate  of  either,  while  ea.:h  adheres 
to  its  own:  and  the  consequence  is,  that  such  districts 
sometimes  remain  for  a  long  time  unrepresented  in  the 
state  and  national  councils. 


517.  What  mode  of  election  prevails  in  this  state?  What  is  meant 
by  election  hy  fMralily?  What  is  election  by  majorilyl  What  are 
the  objections  lo  these  respective  modes? 


PART    FIFTH. 


OF  THE    CIVIL   JURISPRUDENCE    OF    THE    UNITED 
STATES. 


CHAPTER   I. 

Of  the  Rights  of  Persons. — Absolute   Personal   Rights. 

518.  The  rights  of  persons  are  usualh-  considered  to 
be  of  two  sorts,  absolute  and  relatiA^e.  By  absolute  rights 
are  meant  those  which  belong  to  men  as  individuals  or 
single  persons,  or  those  which  would  belong  to  their  per- 
sons in  a  state  of  nature,  and  which  every  man  is  entitled 
to  enjoy,  whether  out  of  society  or  in  it.  These  rights 
are  resolved, into  the  right  of  personal  security,  the  right 
of  personal  liberty,  and  the  right  to  acquire  and  enjoy 
property.  Rights  called  relative  are  those  which  are  in- 
cident to  men  as  members  of  society,  and  as  standing  in 
various  relations  to  each  other. 

519.  But  although  a  distinction  clearly  exists  between 
these  two  classes  of  rights,  it  would  seem  that  they  are 
imperfectly  distinguished  by  the  terms  absolute  and' rela- 
tive :  because,  the  rights  termed  absolute,  though  they  are 
founded  in  the  law  of  nature,  and  are  inherentand  unalien- 
able, may  be  forfeited  and  lost  by  the  commission  of  crime. 
Besides,  Avhat  would  be  the  rights  of  man,  were  he  exclu- 
ded from  ail  society?     The  idea  of  right   always  pre- 

518.  Into  what  two  classes  are  the  rights  of  persons  distinguished? 
5iy.  Ill   what  consists  thy  difference  in  these  classes  of  rights? 


210  CIVIL  JURISPRUDENCE   OF  THE  U.   S.       Part  V. 

supposes  some  existing  relation  between  persons.  Both 
classes  are  therefore  in  some  respects  relative,  and  neither 
is  in  all  respects  absolute.  Yet,  as  the  one  class,  being 
founded  in  the  primary,  universal  and  permanent  relations 
of  social  nature,  cannot  be  alienated  by  voluntary  trans- 
fer; and  as  the  other  class  arises  from  the  civil  and  do- 
mestic relations,  which  a  man  has  the  liberty  and  capacity 
of  forming  and  changing,  they  have  been  generally,  and 
with  a  considerable  degree  of  propriety,  distinguished  as 
absolute  and  relative. 

520.  To  protect  mankind  in  the  enjoyment  of  their 
rights,  is  the  object  of  law.  The  law  existing  in  this 
country,  by  which  the  rights  of  individuals  are  secured, 
is  the  common  law  of  England,  which  was  brought  hither 
by  our  ancestors.  This  law  has  been  adopted,  and  de- 
clared in  force,  by  the  constitutions  of  some  of  the  states, 
and  by  statute  in  others ;  and  where  it  has  not  been  so 
explicitly  adopted,  it  is  nevertheless  to  be  considered  the 
law  of  the  land,  in  all  cases  in  which  it  has  not  been 
altered  by  statute  or  usage. 

521.  The  absolute  rights  of  personal  security  and  per- 
sonal liberty,  were  privileges  peculiarly  dear  to  English 
freemen.  The  colonists  claimed  these  privileges  as  nat- 
ural and  unalienable  rights,  of  which  they,"  as  British 
subjects,  could  not  be  deprived.  These  rights  wext  fre- 
quently asserted  and  declared  during  their  colonial 
dependence;  and  provisions  most  effectually  securing 
these  rights,  have  been  transcribed  from  the  fundamental 
acts  of  the  British  parliament,  into  our  national  and  state 
constitutions.  [See  cons.  U.  S.  art.  1,  sec.  9,  clauses  2,  3; 
art.  3,  sec.  2,  cl.  3;  sec.  3;  amendments,  art.  4,  5,  6,  7,  8] 

522.  The  personal  security  of  every  citizen  is  further 
protected  by  the  lav/  by  which  a  man,  on  showing  rea- 
sonable cause,  may  require  his  adversary  to  be  bound  to 
keep  the  peace.  And  if  violence  has  been  committed, 
the  offender  may  be  prosecuted  in  behalf  of  the  state,  and 


.V20.  By  what  law  are  the  rights  of  individuals  securedl  521.  From 
what  were  the  provisions  securinjc  these  rii^hts  transcrihed  into  »nr 
state  and  national  GonbUtuiions?  b'2i.  How  is  the  personal  security 


Chap.  I.  PERSONAL  RIGHTS.  211 

punished;  and  he  is  also  bound  to  render  to  the  party  ag- 
grieved compensation  in  damages. 

523.  The  law  affords  additional  protection  to  this  right 
by  permitting  a  man  to  exercise  the  natural  right  of  self- 
defence.  Homicide  is  pronounced  justifiable  in  cases  in 
which  it  is  necessary  in  self-defence,  against  a  person  who 
comes  to  commit  a  knoAvn  felony  with  force  against  one'.s 
person,  habitation  or  property,  or  against  the  person  or 
property  of  those  who  stand  in  near  domestic  relations. 
But  homicide  is  not  strictly  justifiable  in  defence  of  a 
private  trespass,  nor  upon  the  pretence  of-necessity,  when 
the  party  is  not  free  from  fault  in  bringing  that  necessity 
upon  himself 

524.  Personal  security  includes  the  preservation  of  a 
man's  good  name  from  injury  by  slander  or  detraction. 
The  slander  of  a  person  by  words,  is  a  civil  injury  for 
which  damages  may  be  obtained.  The  injury  consists  in 
falsely  and  maliciously  charging  another  with  the  com- 
mission of  some  public  offence,  or  the  breach  of  some 
public  trust,  or  with  any  matter  in  relation  to  his  trade  or 
vocation,  which,  if  true,  would  render  him  unworthy  of 
employment;  or  with  any  other  thing  by  which  special 
injury  is  sustained. 

525.  A  slander  communicated  by  writing  or  printing, 
is  calculated  to  have  a  wider  circulation,  to  make  a  deeper 
impression,  and  to  become  more  injurious.  Words, 
therefore,  may  be  libellous  if  printed,  which  would  not  be 
actionable  if  spoken.  A  libel  is  defined  to  be  a  malicious 
publication,  in  printing  or  writing,  signs  or  pictures, 
tending  either  to  blacken  the  memory  of  one  dead,  or  the 
reputation  of  one  alive,  and  expose  him  to  public  hatred, 
contempt  or  ridicule.  And  the  law  considers  it  a  public 
a,s  well  as  private  injury,  and  make?  the  offender  both 
liable  to  a  private  suit  for  damages,  and  answerable  to  the 
state  by  indictment. 


of  our  citizens  protected?  523.  What  additional  protection  is  af- 
forded? 524.  In  what  does  t.he  injury  of  .slander  consist?  525.Wliat 
is  slander  defined  to  be?  What  i.s  the  difference  in  the  effect  of 
slander  by  writing  or  printing,  or  by  words?  52G.  What  is  the  law 


212  CIVIL  JCRispRVDENCE  OF  THE  V.  s.     Part  V. 

526.  It  is  the  established  principle  of  the  English  law, 
that  the  truth  of  the  matter  charged  as  libellous,  cannot 
be  shown  by  way  of  justification;  because,  whether  true 
or  false,  it  is  equally  dangerous  to  the  public  peace:  and 
it  is  presumed  that  the  publication  is  made  with  a  mali- 
cious intent.  The  judicial  decisions  seem  to  have  estab- 
lished the  same  doctrine  in  this  country,  except  where  it 
has  been  controlled  by  constitutional  and  legislative  pro- 
visions. 

527.  But  to  give  a  wider  lathude  to  the  liberty  of  the 
'■press,  special  provision  has  been  made  in  several  of  the 

slates  by  statute,  and  in  others  by  their  constitutions,  in 
favor  of  giving  the  truth  in  evidence  in  public  prosecu- 
tions for  libels.  The  constitution  of  New  York  declares, 
that  the  truth  may  be  given  in  evidence  to  the  jury;  and 
that  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libellous  is  true,  and  that  it  was  published  with  good 
motives,  and  for  justifiable  ends,  the  party  shall  be  acquit- 
ted. Public  opinion  in  this  country,  seems  to  be  pretty 
generally  in  favor  of  this  principle. 

528.  The  opinion  seems  to  prevail,  that,  in  private  ac- 
tions for  damages,  the  truth  may,  in  all  cases,  be  pleaded 
in  justification ;  inasmuch  as  private  action  rests  upon  the 
injury  sustained.  There  exists,  however,  a  contrariety  of 
opinion  on  this  point:  and  indeed,  it  is  not  easy  to  per- 
ceive any  good  reason  for  this  distinction  between  cases 
of  public  and  private  prosecution.  Justice  would  seem  to 
require,  that  in  either  case,  the  object  of  inquiry  should 
be  the  good  or  evil  intentions  of  the  publisher. 

529.  The  right  of  personal  liberty  is  guarded  with 
equal  ef]^.>ct,  by  the  national  constitution,  to  which  rhe 
laws  and  constitution  of  every  state  must  necessarily  con- 
form. Every  re.-?'.raint  upon  a  man's  liberty,  the  law 
considers  atl  imprisonment;  and  whenever  a  person  is 
detained  with   or  without  due  process  of  law,  unless  for 


'respecting  admitting  the  tr»th  a.s  a  justificalion  of  a  libel?  527. 
Wliai  special  provisions  m  relation  to  this  subject,  have  been  made 
in  the  .slates?  528.  In  what  actions  may  the  truth  be  admitted  in 
all  ca,ses?     5'29.  How  is  personal  liberty  secured?     530.  What  is 


Chap.   I.  PERSONAL  RIGHTS.  213 

treason  or  felony  specially  expressed  in  the  Avarrant  of 
commitment,  or  unless  such  person  be  a  convict,  or  legal- 
ly charged  in  execution ;  he  is  entitled  to  his  writ  of  ha- 
beas corpus. 

530.  The  statute  of  New  York  requires  that  the  appli- 
cation' for  this  writ  must  be  to  the  supreme  court,  or  chan- 
cellor, or  a  judge  of  the  court,  or  other  officer  having  the 
powers  of  a  judge  at  chambers  ;  and  that  it  be  by  petition, 
in  writing,  signed  by  or  on  behalf  of  the  party.  It  must 
also  state  the  grounds  of  the  application  ;  and  the  facts 
must  be  sworn  to.  If  the  person  on  whom  the  writ  is 
served  shall  not  promptly,  without  sufficient  excuse,  pro- 
duce the  party  imprisoned,  he  is  liable  to  be  forthwith 
attached  and  committed  to  close  custody,  until  he  shall 
have  obeyed  the  writ. 

531.  If  a  person  has  been  discharged  upon  habeas 
corpus,  he  cannot  be  reimprisoned  for  the  same  cause 
but  it  is  not  deemed  the  same  cause,  if  the  discharge  was 
granted  for  the  want  of  sufficient  proof,  or  for  a  defect  in 
some  of  the  proceedings  in  the  case.  The  law  makes  the 
reimprisonment  of  a  party  duly  discharged,  a  misdemean- 
or, subjecting  the  offender  to  fine  and  imprisonment,  and 
a  penalty  of  $1250,  to  be  paid  to  the  party  aggrieved. 

532.  Persons  confined  upon  a  criminal  charge,  who 
shall  not  have  been  indicted,  must  be  discharged  within 
twenty-four  hours  after  the  discharge  of  a  grand  jury  of 
the  county,  unless  cause  be  shown  for  the  delay.  And  pris- 
oners indicted,  unless  tried  at  the  next  court  after  the  inictd- 
jnent  is  found,  are  entitled  to  be  discharged,  unless  the 
public  prosecutor  show  satisfactory  cause  for  delay.  If 
there  be  good  reason  to  believe  that  any  person  illegally 
confined,  will  be  carried  out  of  the  state,  before  he  can  be 
relieved  by  habeas  corpus,  hoth.  the  prisoner,  and  the  party 
detaining  him,  may  be  brought  up  for  examination, 
before  the  court  or  officer  authorized  to  issue  the  writ,  to 


the  manner  of  applying  for,  granting,  and  sejving  the  writ  of  ha- 
beas corpus?  531.  In  what  cases  may  a  person  be  re-imprisoned 
for  the  same  cause?     53-2.    What  does  the  law  further    provide 


214  CIVIL  juRisPRUDEXcE  OF  THE  V.  s.     Part  V. 

be  dealt  with  according  to  law.  The  above  provisions  in 
relation  to  habeas  corpus,  from  the  Revised  Statutes  of 
New  York,  are,  with  some  slight  exceptions,  the  law  of 
every  state  in  the  union. 

533.  Freedom  of  religious  opinion  and  worship,  is  one 
of  the  absolute  personal  rights,  secured  by  the  constitu- 
tions and  laws  of  this  country.  The  general  government 
is  expressly  prohibited  from  making  any  law  respecting 
the  establishment  of  religion,  or  prohibiting  its  free  exer- 
cise ;  and  the  state  constitutions  have  adopted  the  same 
principle. 


CHAPTER  II. 

Of  the   Doimstic  Relations. — Husband  and  Wife. 

534.  Tiiii:  relation  of  husband  and  wife,  as  it  is  the 
most  important  of  the  domestic  relations,  will  be  first  con- 
sidered. Marriage,  to  be  valid  in  law,  requires  the  con- 
sent of  parties  capable  of  contracting.  No  persons  are  ca 
pable  of  binding  themselves  in  marriage,  until  they  have 
arrived  at  the  age  of  consent,  which,  by  the  common  law 
of  the  land,  is  Jlxed  at  fourteen  years  in  males,  and  twelve 
in  females.  Idiots  and  lunatics  cannot  legally  contract 
iparriage. 

•  535.  No  person  can  re-marry  while  the  former  hus- 
band or  wife  is  living.  Such  second  marriage  is  null  and 
void,  except  in  the  following  cases:  when  the  husband  or 
wife  of  the  party  who  re-marries,  remains  whhout  the 
United  States  for  five  years  together,  or  when  one  of  the 
married  parties  shall  have  absented  from  the  other  for  five 
sMcces.sive  years,   and  the  one  re-marrying  not  knowing 


respecting  the  confinement  and  discharge  of  persons  imprisoned? 
533.  How  is  religioas  freedom  secured? 

534.  At  what  ages  are  parties  capable  of  contracting  marriage? 
535.  In  what  ca.ses  are  second  marriages  declared  by  law.  to  be 


Chap.   II.  DOMESTIC  RELATIONS.  215 

that  the  other,  who  had  been  absent,  was  living  within 
that  lime;  or  when  the  person  re-marrying  was,  at  the 
time  of  suchmarriage,  divorced  by  the  sentence  of  a  com- 
petent court;  or  if  the  former  husband  or  Avife  of  the 
jiarty  remarrying  had  been  sentenced  to  imprisonment 
for  life. 

536.  In  any  but  "the  above  excepted  cases,  a  second 
marriage  is  not  only  void,  but  in  most,  if  not  all  of  the 
states,  it  is  a  statute  offence,  punishable  by  imprisonment. 
Bigamy,  more  properly  termed  polygamy,  is  in  some 
countries  made  a  capital  crime. 

,537.  Though  no  penalty  applies  to  the  cases  above  ex- 
j-cepted ;  yet,  if  the  former  husband  or  wife  be  living, 
though  tile  fact  be  unknown,  and  there  be  no  divorce  a 
vinculo  duly  pronounced,  or  the  first  marriage  has  not 
been  duly  annulled;  the  second  marriage  is  void.  A 
vinculo  ma! rimouii,  Latin,  means  "  From  the  chain  or 
lie  of  marriage."  A  final  divorce.  Where  there  is  no 
statute  regulation,  the  principle  of  the  common  law  in  all 
civilized  and  Christian  countries,  is,  that  nothing  but 
death,  or  a  decree  of  a  competent  court,  can  dissolve  the 
marriage  tie. 

538.  Marriage  between  near  relations  is  unnatural  and 
unlawful,  as  leading  to  a  confusion  of  rights  and  duties ; 
but  it  is  not  easy  to  ascertain  the  precise  point  at  which 
the  laws  of  nature  have  ceased  to  discountenance  the 
union.  The  statute  of  New  York  declares  marriage 
between  the  ascending  and  descending  lines,  and  between 
brothers  and  sisters  of  the  half  as  well  as  of  the  whole 
blood,  to  be  incestuous  and  void;  and  to  be  indictable 
ofFi-nces,  punishable  by  imprisonment  in  a  state  prison  for 
a  term  not  exceeding  ten  years. 

53%  A  simple  consent  of  the  parties  is  all  that  is  re- 
quired to  render  marriage  valid ;  and  this  consent  may 
])e  declared  before  a  magistrate,  or  simply  before  witnesses, 


vQul  and  qjilawfal?  536.  How  is  bigamy  punishable?  .537.  What 
is  divorce  a  vinculo?  What  is  the  principle  of  common  law  about 
di.-5Solving  marriage?  .533.  What  marriages  are  declared  inces- 
tuous by  the  laws  ol  New  York?  539.  What  contract  renders  mar- 


216  CIVIL  JURISPRUDENCE  OF  THE  V.  s.       Part   V- 

or  subsequently  acknowledged ;  or  it  may  be  inferred  from 
continual  cohabitation  and  reputation  as  husband  and 
■vrife.  Regulations  have  been  made  by  law,  in  some  of 
the  states,  for  the  due  solemnization  and  proof  of  marriage; 
but  where  such  provisions  have  not  been  made,  the  con- 
tract is.  in  this  c'ountry,  under  the  government  of  the 
English  common  law. 

540.  A  lawful  marriage  can  be  dirsolved  only  by  the 
death  of  one  of  the  patties,  or  by  divorce.  In  some  of 
the  states,  no  divorce  is  granted  but  by  a  special  act  of 
the  legislature;  in  others,  intolerably  ill  usage,  or  wilful 
desertion,  or  unheard  of  absence,  will  authorize  a  decree 
for  a  divorce. 

541.  The  husband  and  wife  are  In  law  regarded  as  one 
person  ;  and  the  husband,  upon  marriage,  becomes  seised 
of  the  freehold  of  his  wife,  and  takes  the  rents  and  profits 
during  their  joint  lives.  It  will  be  an  estate  in  him  for 
his  own  life,  if  he  dies  before  his  wife;  and  in  that  event, 
she  takes  the  estate  again  in  her  own  right.  And  if  the 
wife  dies  first,  and  there  be  no  children,  her  heirs  succeed 
immediately  to  the  estate.  If  there  has  been  a  child  born 
alive,  the  husband  takes  the  estate  for  life,  and  on  his 
death,  it  goes  to  the  wife  or  her  heirs.  During  the  con- 
tinuance of  the  life  estate  of  the  husband,  he  sues  in  his 
own  name  for  an  injury  to  the  profits  of  the  land;  but 
for  an  injury  to  the  inheritance,  the  wife  must  join  in  the 
suit. 

542.  The  husband  acquires,  bv  marriage,  a  right  to  all 
the  chattels  real  of  his  wife,  as  leases  for  years;  and  he 
may,  without  her,  sell,  assign,  or  otherwise  dispose  of  the 
same  as  he  pleases;  and  they  may  be  sold  on  execution 
for  his  debts.  If  he  makes  no  disposition  of  the  chattels 
real  in  his  lifetime,  he  can*iot  devise  them  by  will;  and 
the  wife,  after  his  death,  takes  them  in  her  own  right.  If 
he  survives  his  wife,  he  acquires  an  absolute  right  to  such 
chattels  real. 


riage  valid]  540.  By  what  power  are  divorces  effected?  541.  What 
title  doe'=;the  husband  acquire  tothe  wile's  real  estate  by  marriage? 
542.  What  right  to  her  chattels  real?     543.  What  title  to  her  other 


Chap.   II.  DOMESTIC  RELATIONS.  217 

543.  All  other  personal  property  also,  belonging  to  the 
wife  at  the  time  of  her  marriage,  becomes  the  property  of 
the  husband ;  and  on  his  death  it  goes  to  his  representa- 
tives. And  he  has  power  to  sue  for  debts  due  to  her  by 
bond,  note,  or  otherwise,  which  are  termed  choses  in  action: 
and  when  recovered,  and  reduced  to  possession,  the  money 
becomes  his  own. 

54'i.  The  husband  is  answerable  for  her  debts  before 
coverture;  but  if  they  are  not  recovered  during  coverture, 
he  is  discharged.  Coverture  is  the  condition  of  a  married 
woman,  who,  by  the  laws  of  the  land,  is  in  the  power  of 
the  husband.  If  the  husband  dies  before  the  debts  are 
collected,  his  representatives  are  not  liable;  but  the  wife 
remains  liable  after  her  husband's  death. 

545.  The  husband  is  bound  to  provide  for  his  wife  the 
necessaries  suitable  to  her  situation,  and  his  condition  in 
life;  and  he  is  obliged  to  pay  any  debts  which  she  may 
contract  for  such  necessaries ;  but  for  any  thing  beyond 
necessaries,  he  is  not  chargeable.  If  the  husband  aban- 
dons his  wife,  or  they  separate  by  consent,  or  if  he  sends 
her  away  and  refuses  to  provide  for  her  wants;  or,  if  fehe 
be  so  treated  as  to  aflord  reasonable  cause  for  her  to  leave 
his  house ;  he  is  liable  to  fulfil  her  contracts  for  necessa- 
ries, even  though  he  should  have  forbidden  persons  to 
trust  her.  If  they  live  together,  and  the  wife  goes  beyond 
what  is  prudent  and  reasonable,  the  tradesman  trusts  the 
wife  at  his  peril. 

546.  A  husband,  dying  in  the  lifetime  of  his  wife,  may, 
by  will,  cut  her  off  from  all  his  estate  but  a  right  of  dow- 
er ;  that  is,  the  right  to  have,  for  life,  the  use  of  one  third 
of  all  the  real  estate  which  he  owned  during  marriage, 
and  whereof  she  has  not  barred  herself  by  joining  with 
him  in  a  deed.  A  wife  cannot  devise  her  land  by  will ; 
but  she  may  dispose  by  will,  or  by  act  in  her  lifetime,  of 
her  separate  personal  estate,  settled  upon  her,  or  held  in 


personal  property?  544.  Is  the  hnsband  answerable  for  his'Avife's 
debts  contracted  before  marrias^e?  Who  is  liable  after  his  death? 
.545.  In  what  case&  is  a  man  obliged  to  pay  his  wife's  contracts? 
546.     What  are   iheir  respective  powers  as  to  making  wills? 


218  CIVIL  JURISPRUDENCE  OF  THE  u.  s.         Part  V. 

trust  for  her.     A  will  made  by^a   female  while  single, 
who  afterwards  marries,  becomes  void. 

547.  Settlements  made  upon  a  wife,  in  pursuance  of  an 
agreement  in  writing,  entered  into  before  marriage,  are 
valid  both  against  creditors  and  purchasers.  A  settlement 
after  marriage  may  be  good,  if  made  upon  a  valuable 
consideration.  A  Voluntary  settlement  after  marriage, 
upon  a  wife  or  children,  without  a  valid  agreement  pre- 
vious to  the  marriage,  is  void  against  creditors.  But  if 
the  person  be  not  indebted  at  the  time,  the  settlement,  if 
made  without  fraudulent  intent,  is  good  against  after  cred- 
itors. 

548.  Theh'isband  and  wife  cannot  bewitn3SS3s  for  or 
against  each  other  ;  but  where  the  wife  acts  as  her  hus- 
band's agent,  her  declarations  may  be  admitted  in  evi- 
dence to  charge  the  husband. 

549.  A  wife  has  no  remedy  for  ill  treatment  from  her 
husband  till  his  conduct  becomes  criminal.  And  if  she 
can  make  oath  befc^e  a  magistrate,  that  she  is  in  fear  of 
personal  violence,  he  may  be  required  to  give  bonds  to 
kcef)  the  peace.  But  as  the  husband  is  the  guardian  of 
the  wife,  and  bound  to  protect  and  maintain  her,  the  law 
gives  him  a  reasonable  superiority  and  control  over  her 
person;  and,  if  her  conduct  be  such  as  to  require  it,  he 
may  even  put  gentle  restraints  upon  her  liberty. 


547.  What  i«  required  to  make  settlements  valid?  548.  Can  hu.s- 
})and  and  wi  fe  be  witnesses  for  or  against  each  other'?  549.  What 
remedy  does  ths  law  afford  a  -vriie  agains:  ill  treatment  frcfta  her 
hiu'bandf 


hap.   III.  DOMESTIC   RELATIONS.  219 


CHAPTER  III. 

Parent  and    Child — hifants — Guardian  and    Ward — 
Master  and  Apprentice — Hired  Servants. 

550.  The  diitie.s  of  parents  to  their  children,  as  being 
their  natural  g-uardians,  consist  in  maintaininq;  and  edu- 
eating  them  during  the  season  of  youth  and  infancy  ;  and 
the  parent  is  obliged,  during  the  minority  of  the  child, 
which,  in  law,  means  infancy,  or,  of  an  age  under  twen- 
ty-one years,  to  provide  for  his  support  and  education; 
and  he  may  be  sued  for  necessaries  furnished  under  just 
and  reasonable  circumstances.  The  father  is  bound  to 
support  his  minor  children,  if  he  be  of  ability,  even  though 
they  have  property  of  their  own;  but  this  obligation,  in 
such  a  case,  does  not  extend  to  the  mother. 

551.  The  legal  obligation  of  a  father  to  maintain  his 
child,  ceases  as  soon  as  ths  child  is  of  age,  unless  the 
child  becomes  chargeable  to  the  public'as  a  pauper ;  but 
the  husband  is  not  liable  for-the  maintenance  of  the  child 
of  his  wife  by  a  former  husband,  nor  for  the  support  of 
his  wife's  mother.  But  if  he  takes  the  "wife's  child  into 
his  own  house,  he  is  responsible  for  the  maintenance  and 
education  of  the  child  so  long  as  it  lives  with  him. 

552.  A  father  is  not  bound  by  the  contract  of  his  son, 
evej)  for  articles  suitable  and  necessary,  unless  an  actual 
authorit}"-  be  proved,  or  the  circumstances  be  sufficient  to 
imply  one  ;  or  unle^-s  a  clear  omission  of  duty  on  the  part 
of  the  father  renders-assistance  to  the  child  necessary. 
The  father  has  a  right  to  the  labor  or  services  of  his  chil- 
dren, and  he  may  sue  any  other  person  for  the  value  of 
their  labor  performed  for  such  person.  The  father  is  also 
entitled  to  the  custody  of  their  persons  ;  and  when  they 
are  improperly  detained,  he  may  obtain  such  custody  by 
■writ  of  habeas  corpus. 

550.  What  are  the  dutie.s  of  parents  to  their  childrenl  551.  When 
do  ihe.^e  obligations  cease?  552.  What  is  necessary  to  make  the 
father  liable  for  the  son's  contraci.s?     How  may  the  father  procure 


2^0  CIVIL  JURISPRUDENCE   OF  THE   L".   S.  Part  V. 

553.  Parents  have  a  right  to  exercise  all  discipline  ne- 
cessary for  the  discharge  of  the  duties  they  owe  to  their 
children.  But  courts  of  justice  may,  when  the  morals, 
or  safety,  or  interests  of  the  children  require  it,  withdraw 
infants  from  the  custody  of  their  parents,  and  place 
them  elsewhere. 

554.  The  duties  of  children  to  their  parents,  are  obe- 
dience and  assistance.  In  the  absence  of  any  authority 
in  the  common  law  to  enforce  these  duties,  the  Reviseii 
Statutes  of  New  York  have  provided,  that  a  parent  may, 
by  will,  disinherit  his  ungrateful  children ;  and  compel 
the  children,  if  they  be  able,  to  support  and  relieve  their 
poor,  lame,  old  or  impotent  parents,  who  cannot  maintain 
themselves. 

555.  Infants,  or  minors,  can  do  no  act  to  the  injury  uf 
their  property,  which  they  may  not  avoid  or  rescind, 
when  they  arrive  at  hill  age.  Minors  who  contract  debtfs. 
will  be  obliged  to  pay  them,  if  they  promise  to  do  so,  after 
they  shall  have  become  of  age.  Contracts  for  necessa- 
ries are  binding  upon  an  infant ;  and  he  may  be  sued  and 
charged  in  execution  oq.  such. contract,  provided  the  arti- 
cles were  necessary  under  the  circumstances  in  which  he 
was  placed.  But  if  he  lives  with  his  father  or  guardian. 
\vhose  care  and  protection  are  duly  exercised,  he  cannijl 
bind  himself  even  for  necessaries. 

556.  Minors  are  answerable  for  crimes:  and  they  may 
be  indicted  and  tried.  Infancy  does  not  protect  fraudulent 
acts.  If  a  minor  takes  an  estate,  and  agrees  to  pay  rent, 
he  will  be  liable  for  its  payment  when  he  arrives  at  his 
majority.  If  he  receives  rents,  he  cannot  demand  them 
again  when  of  age.  If  he  pa3"S  money  on  contract,  and 
enjoys  the  benefit  of  it,  and  then  avoids  it  when  he  comes 
pf  age,  he  cannot  recover  back  the  consideration  paid. 
And  if  he  avoids  an  executed  contract  when  he  comes  of 


the  .services,  and  the  custody  of  the  bodies  of  his  children?  .553. 
When  may  children  be  taken  from  their  parents?  554.  What  are 
the  duiiesof  children  to  parents?  5.55.  What  is  the  capacity  of  a 
minor?     556.  When  and  how  is  he  compelled  to  fulfil  certain  con- 


Chap.   III.  DOMESTIC   RELATIONS.  221 

age,  on  the  grounds  of  infancy,  he  must  restore  the  con- 
sideration. 

557.  The  relation  of  guardian  and  ward  is  nearly  the 
same  as  that  of  parent  and  child.  A  father  may  dispose 
of  the  custody  and  tuition  of  his  child  during  his  minori- 
ty, or  for  a  less  time,  to  another  person,  who  thereupon  be- 
comes the  guardian,  and  the  infant  is  called  ward.  By  the 
statute  of  New  York,  a  minor  having  no  guardian,  may. 
at  the  age  of  fourteen  years,  apply  to  a  surrogate  for  the 
appointment  of  such  guardian  as  the  minor  may  nominate. 
If  the  minor  be  under  the  age  of  fourteen  years,  a  rela- 
tive or  other  person,  in  his  behalf,  may  so  apply  for  the 
appointment  of  a  guardian.  A  guardian  in  socage,  that 
is,  a  guardian  who  has  the  custody  of  a  minor's  property 
as  well  as  of  his  person,  is  required  to  keep  safely  sucli 
property,  and  to  deliver  the  same  to  his  ward  when  he 
arrives  at  full  age. 

558.  By  the  statute  of  New  York,  male  infants,  and 
unmarried  females  under  eighteen  years  of  age,  with  the 
consent  of  proper  persons,  may  bind  themselves,  in  wri- 
ting, to  serve  as  apprentices  to  some  art  or  trade;  if  males, 
until  the  age  of  twenty-one  years,  and,  if  females,  until 
the  age  of  eighteen  years,  or  for  any  shorter  time.  Con- 
sent shall  be  given  by  the  father :  or,  if  dead,  or  not  in  a 
legal  capacity,  by  the  mother ;  and,  if  she  refuse,  or  be 
not  in  a  legal  capacity,  then,  by  a  guardian  duly  appointed; 
or,  if  there  be  no  guardian  or  other  person,  by  the  over- 
seers of  the  poor,  or  two  justices  oi  the  peace  of  the  town,. 
or  a  judge  of  the  county  court. 

559.  County  superintendents  of  the  poor  may  bind  out 
any  child  under  the  ages  above  specified,  Avho  may  be 
sent  to  the  county  poor  house,  or  who  is  become  charge- 
able to  the  county.  In  all  indentures,  by  the  officers  of 
any  town  or  cou«ty,  binding  poor  children  as  apprentices 
or  servants,  a  covenant  must  be  inserted  to  teach  them  to 
read  and  write:  and,  if  a  male,  the  general  rules  of  arith- 


tract.s?  557.  What  relation  exists  between  guardian  an*  ward t 
What  are  a  e:iiardian'.s  obligations?  558.  To  what  age  may  ap- 
prentices be  bound?  By  Avhose  consent?     559.  How  is  the  educa- 


I 

222  CIVIL  JURISPRUDENCE  OF  THE  u.  s.       Part  V.  1 

metic.  For  refusal  to  serve  and  work,  infants  may  be 
imprisoned  in  jail,  until  they  shall  be  willing  to  serve  as 
apprentices  or  servants.  The  above  law  in  relation  to 
master  and  apprentice,  is  supposed  to  contain  the  sub- 
stance of  the  English  statute  law  on  the  subject. 

560.  The  relation  between  a  master  and  a  hired  ser- 
vant, rests  altogether  upon  contract.  The  one  is  bound 
to  render  the  service,  and  the  other  to  pay  the  stipulated 
consideration.  Bat  if  the  servant  hired  for  a  definite  term, 
leaves  the  service  before  the  end  of  it,  without  reasonable 
cause,  he  loses  his  right  to  wages  for  the  period  he  served. 
And  he  may  be  dismissed  for  cause,^  before  the  expiration 
of  the  term.  The  master  is  b6iuad  by  the  acts  of  his 
servant,  either  in  respect  to  contracts  or  injuries,  when 
the  act  is  done  by  the  authority  of  the  m.aster.  If  the 
servant  does  an  injury  fraudulently,  while  in  the  employ- 
ment of  his  master,  both  have  been  held  liable  in  dama- 
ges ;  and  if  a  servant  employs  another  servant  to  do  his 
business,  and,  in  doing  it,  the  servant  so  employed  is  guilty  , . 
of  an  injury,  the  master  is  liable.  "-M 


CHAPTER  IV. 

Of  the  Right  of  Proferty. — Reed  Property. 

•561.  A  material  object  ot  government  is  to  secure  the 
right  to  acquire  property,  and  to  make  use  of  it.  Property, 
as  stated  in  a  preceding  chapter,  is  either  real  or  persona); 
the  latter  consisting  of  what  is  movable  from  place  to 
place,  the  former,  of  lands  and  things  built  or  growing 
thereon.  Fruit,  grain,  trees,  minerals,  &c.  become  per- 
sonal property,  when  separated  from  the  land. 


tion  of  poor  children  provirled  for?     560.  What  relation  subsisti 
between  the  master  and  hired  servantl 

561.   What  is  f-cftZ  properly  i   Pt'ri<j;wjZ  property.'     562.Whoma7 


Chap.  IV.  REAL    PROPERTY.  223 

562.  Every  citizen  of  the  United  States  is  capable  of 
holding  lands,  and  of  taking  the  same  by  descent,  devise 
or  purchase;  and  of  aliening  or  conveying  away  such 
estate.  Estates  in  land  are  divided  into  estates  of  inheri- 
tance, estates  for  life,  estates  for  years,  and  estates  at  will 
and  by  sufferance.  An  estate  of  inheritance  is  termed  a 
fee  simple,  or  fee.  A  fee  is  an  estate  of  inheritance  in 
law,  belonging  to  the  owner,  and  transmissible  to  his 
heirs.  No  estate  is  deemed  a  fee,  unless  it  may  continue 
forever.  Fee  simple  is  a  pure  inheritance,  clear  of  any 
qualilication  or  condition,  and  gives  a  right  of  succession 
to  all  the  heirs  generally,  provided  that  they  shall  be  of 
the  blood  of  the  first  purchaser,  and  of  the  person  last 
seised. 

563.  An  estate  for  life,  is  an  estate  conveyed  to  a  per- 
son for  the  term  of  his  natural  life.  Estates  for  life  and 
estates  of  inheritance,  are  called /reeAo^^s.  An  estate  for 
years  is  a  right  created  by  a  lease,  or  a  contract  tor  the 
posse£sion  and  piofits  of  land,  tor  a  determinate  period, 
with  the  recompense  of  rent.  An  estate  at  will  is  where 
one  man  lets  land  to  another,  to  hold  at  the  will  of  the 
lessor.  An  estate  at  sufferance  is  where  one  has  come 
into  the  possession  of  land  by  lawful  title,  biit  holds  over 
by  wrong,  after  his  interest  has  ceased.  He  is  not  entitled 
to  notice  to  quit,  and  he  is  not  liable  to  pay  rent.  The 
landlord  may  dispossess  such  tenant  whenever  he  pleases. 

564.  The  real  estate  of  any  person  w^ho  shall  die  v/ith- 
out  devising  the  same,  shall  descend,  in  the  following 
manner:  (1.)  to  his  lineal  descendants;  (2.)  to  his  father; 
(3.)  to  his  mother;  and  (4.)  to  his  collateral  relatives,  if 
any  of  the  children  of  an  intestate  be  living,  and  any  be 
dead,  the  inheritance  shall  descend  to  the  children  living; 
and  to  the  descendants  of  those  who  are  dead;  so  that 
such  descendants  may  inherit  the  share  which  their  parent 
would  have  received,  if  livino". 


hold  real  propert}'?  How  are  estates  in  land  divided?  What  is  an 
estate  of  inheritance?  A  fee?  5G3.  What  is  an  estate  for  life?  An 
estate  for  years?  An  estate  at  will?  An  estate  at  sufferance?  564, 


224         CIVIL  juRispRVDENCE  OF  THE  V.  s.        Part  V. 

565.  If  the  intestate  shall  die  without  lawful  descend- 
ants, and  leave  a  father,  the  inheritance  goes  to  the  father, 
unless  the  inheritance  came  to  the  intestate  on  the  part 
of  the  mother.  If  he  leaves  neither  father  nor  de- 
scendants, the  inheritance  descends  to  the  mother;  but 
if  he  leaves  also  a  brother  or  sister,  the  mother  holds  it 
only  during  her  life,  and  on  her  death,  it  descends  to  his 
brothers  and  sisters  or  their  descendants.  If  he  leaves 
neither  descendants,  nor  father  nor  mother,  the  estate  de- 
scends to  his  brothers  and  sisters  or  their  descendants. 

566.  But  if  there  be  no  heir  to  take  the  inheritance  in 
either  of  the  above  cases,  the  same  shall  descend  to  the 
brothers  and  sisters  of  the  father,  if  the  property  shall 
have  come  to  the  intestate  on  the  part  of  the  father.  If 
his  father  has  no  brothers  and  sisters,  the  estate  descends 
10  brothers  and  sisters  of  his  mother.  If  the  property 
comes  to  the  intestate  on  the  part  of  his  mother,  her  bro- 
thers and  sisters  have  precedence  ;  and  if  the  inheritance 
has  not  come  to  the  intestate,  on  the  part  of  either  the  fa- 
ther or  mother,  it  shall  descend,  in  equal  shares,  to  the 
brothers  and  sisters  of  the  intestate. 

567.  Persons  become  possessed  of  real  estate  in  vari- 
ous ways;  but  evidence  of  such  possession  consists  usu- 
ally in  a  Avriting-  called  a  deed,  signed  and  sealed  by  the 
person  Avho  had  a  right  to  execute  it,  acknov\ledged  by  a 
proper  person,  and  recorded  in  the  public  registry.  Every 
deed  conveying  real  estate,  though  it  is,  when  duly  exe- 
cuted, binding  as  between  the  parties,  is  nevertheless  void 
as  against  any  person  who  may  subsequently  purchase 
the  conveyed  estate  in  good  faith,  and  for  a  valuable  con- 
sideration, and  whose  deed  shall  be  first  recorded.  Deeds, 
mortgages,  and  other  securities  in  the  nature  of  mortga- 
ges, are  recorded  by  the  clerks  of  the  several  counties,  in 
books  provided  for  thai  purpose. 

568.  A  mortgage  is  the  conveyance  of  an  estate,  by 
way  of  pledge  for  the   security  of  debt,  and  to   become 

565,  566.  How  does  the  title  to  real  estate  descend  to  the  heirs  of 
persons  having  died  intestate?  567.  How  is  proof  to  the  title  of 
real  estate  obtained?  Are  deeds  in  any  case  obligatory  before  ihey 


Chap.lV.  REAL     PROPERTY.  22o 

void  on  the  payment  of  it.  The  condition  upon  which 
the  land  is  conveyed  is  usually  put  in  the  deed  of  convey- 
ance, but  the  dtftasance  may  be  contained  in  a  separate 
instrument;  and  if  the  deed  be  absolute  in  the  first  in- 
stance, ,ind  the  defeasance,  be  executed  subsequently,  it 
will  relate  back  to  the  date  of  the  principal  deed,  and 
connect  itself  with  it,  so  as  to  render  it  a  security  in  the 
nature  of  a  morlgag-e. 

569.  In  order,  however,  to  render  the  deed  a  security 
against  subsequent  purchasers  and  mortgagees,  the  deed 
and  defeasance  should  be  recorded  together.  An  omis- 
sion to  have  the  defeasance  registered,  would  make  the 
estate,  which  was  conditional- between  the  parties,  abso- 
lute against  every  person  but  the  original  parties  and 
their  heirs.  The  practice  of  placing  the  conveyance  in 
fee,  and  the  condition  or  defeasance  which  is  to  qualify- 
It,  in  separate  instruments,  is  liable  to  accidents  and 
abuse,  and  injury  to  the  mortgagee,  and  should  be  dis- 
couraged. 

570.  If  the  condition  of  a  mortgage  has  been  satisfied, 
the  person  in  Avhose  custcdy  it  may  be,  shall  cause  it  to 
he  discharged,  whenever  there  shall  be  prtseijted  to  him 
•a.  certificate,  signed  by  the  mortgagee,  acknowledged  or 
proved,  and  certified  as  the  law  prescribes  to  entitle  con- 

/  veyances  to  be  recorded,  specifying  that  the  mortgage 
has  been  paid.  And  every  certificate  of  discharge  shall 
be  recorded. 

571.  When  a  deed  or  a  mortgage  has  been  executed, 
before  it  shall  be  recorded,  the  party  executing  it  must 
acknowledge,  before  a  commissioner  of  deeds,  that  he  ex- 
ecuted the  same;  and  tbe  commissioner  subscribes  a  cer- 
tificate of  the  acknowledgment  on  the  margin  or  back  of 
the  in.strument.  In  New  York,  commissianers  of  deeds, 
of  whom  tht-re  are  at  least  two  in  each  town,  are  ap- 
pointed by  the  board  of  supervisors  and  judges  of  the 


are  n,^^.  ^^^,.  What  is  a  mortgage?     How  is  it  executed? 

509.  What  rule  is  to  be  observed  in  registering  a  morlgage?  570, 
When  the  condidon  of  a  mortgage  is  saiij-fied,  how  is  it  dis- 
charged? 571.  What  is  essenual  to  a  deed  before  it  is  recordedlf 
How  are  conQmis.sioners  of  deeds  appointed? 

a 


226  CIVIL  JURISPRUDENCE  OF  THE  u.  8.       Part  V. 

county  courts.  Judges  of  the  several  courts  in  the  state, 
also,  are  authorized  to  take  such  acknowledgments.  If 
a  married  woman  signs  a  deed,  the  acknowledgment 
must  be  made  to  the  commissioner,  apart  from  her  hus 
band,  that  she  executed  the  same  freely,  and  without 
compulsion  from  her  husband.  If  any  married  woman 
refuses  to  execute  a  conveyance,  she  retains  her  estate  in 
dower,  against  any  person  claiming  the  conveyed  pre- 
mises. 


CHAPTER   V. 

Of  Personal  Property — Contract  of  Sale, 

572.  Personal  property  is  divided  into  chattels  real 
and  personal.  Chattels  real  concern  the  realty,  as  a 
lease  for  years  of  land;  and  the  duration  of  the  time  is 
immaterial.  It  is  only  personal  estate,  if  it  be  for  a  thous- 
and years.  There  are,  also,  many  chattels  vvhi;;h,  thougi^ 
of  a  movable  nature,  yet,  being  attached  to  the  freehold, 
and  contributing  to  its  value  and  enjoyment,  go  with  it; 
as  the  shelves  and  fixtures  in  a  house,  and  the  posts  and 
rails  of  an  enclosure.  But  many  things  arc  now  treated 
as  personal  property  which  seem,  in  a  degree,  to  be  at- 
tached to  the  freehold. 

573.  It  has  been  established  as  a  general  rule,  that  things 
which  a  tenant  has  fixed  to  the  freehold,  for  the  purposes 
of  trade  or  manufactures,  may  be  removed,  when  the  re- 
moval does  not  cause  any  material  injury  to  the  estate. 
Thus  fats,  coppers,  tubs  and  partitions,  belonging  to  a 
soap  boiler,  have  been  removed.  Chimney  pieces,  and 
even  wainscot,  put  up  by  a  tenapt;  or  a  cider  mill  and 
press  erected  by  him,  may  be  r'  '  'fit  can  bed-  - 
without  material  injury  to  the  ireenu. 

573.  What  is  personal  propertvl    What  are  chattels  real?     573. 
What  chattels  attached  to  a  freehold  may  be  vemovedl  and  what 


Chap.    V.  PERSONAL    PROPBRTV.  227 

hand,  iron  stoves,  fixed  to  the  brickwork  of  the  chimneys 
of  a  house,  have  been  adjudged  to  pass  with  the  house 
as  a  part  of  the  freehold.  The  right  of  removal  depends 
upon  the  mode  of  annexation  of  the  article,  and  the  eflect 
which  its  removal  would  have  upon  the  premises. 

574.  A  title  to  personal  property  may  be  acquired  in 
various  ways.  A  person  has  a  right  to  all  that  his  prop- 
erty produces.  Such  are  the  fruits  of  the  earth,  the  in- 
crease of  animals,  and  the  increase  of  stock  invested  in 
trade  or  manufactures.  Property  is  also  acquired  by 
one's  own  act  and  power;  as  his  literary  property,  con- 
sisting of  maps,  writings  and  books,  mechanical  inven- 
tions, produced  by  his  intellectual  and  manual  labor. 
Goods  and  chattels  are  obtained  also  by  transfer  by  act 
of  law;  as  by  judgment  on  a  recovery  by  law  in  an  ac- 
tion of  trespass  or  trover;  and  by  gilt,  which,  in  some 
cases,  gives  a  valid  title. 

575.  To  give  validity  to  a  gift,  there  must  be  a  deliv- 
ery, at  least  so  far  as  the  subject  is  capable  of  deliver}/^ : 
if  the  thing  cannot  be  delivered,  there  must  be  an  act 
equivalent  to  it.  The  donor  must  part  with  both  the 
possession  and  dominion  of  the  property.  If  the  thing 
given  be  a  ckose  in  action,  the  law  requires  an  assign- 
ment and  the  transfer  must  be  actually  executed,  And 
gifts  of  goods  and  chattels,  as  well  as  oi  lands,  with  intent 
to  delay  and  defraud  creditors,  are  void,  as  against  the 
person  to  whom  the  fraud  would  be  prejudicial.  All 
deeds  of  gift,  and  all  transfers  or  assignments  of  goods 
or  things  in  action,  made  in  trust  for  the  use  of  the  per- 
son making  the  same,  are  void,  as  against  creditors,  ex- 
isting or  subsequent. 

570.  It  is  a  principle  in  law,  that  no  man  can  be  de- 
prived of  his  property  without  his  consent;  and  that  the 
honest  purchaser  is  not  safe  under  a  defective  title.  No 
man  can  transfer  to  o''  '      .ii^      lo  property  which  he 

-'  ■"'-  -  ..     The  title  to  property  acquired 

uce,  does  not  pass  from  the  true  owner; 


may  not?     r)74.  In  what  ways  is  title  to  personal  properly  acquir- 
ed?   b'4b.  "What  is  ei-ttmial  to  the  validiiy  of  a  gift?     576.  Can  a 


228  CIVIL  JURISPRUDENCE  OF  THE  V.  s.       Pari  V, 

and  lie  has  a  just  claim  to  the  property  against  any  per- 
son purchasing  the  same. 

577.  Whether  the  possessor  of  land,  who  has  taken 
possession  in  good  faith,  but  who  subsequently  finds  that 
his  title  was  not  obtained  from  the  rightful  owner,  can 
recover  the  value  of  beneficial  improvements  which  he 
may  have  m.ade  upon  the  land,  is  a  question  that  has  been 
much  discussed.  Jt  is  said  to  be  the  English  law,  and  the 
common  law  of  this  country,  that  the  owner  can  receive 
his  land  by  ejectment,  without  pa)  ing  for  the  improve- 
ments iTiade  upon  it.  The  improvements  are  considered 
as  annexed  to  the  freehold  ;  and  every  possessor  makes 
such  improvements  at  his  peril. 

578.  Conflicting  opinions  have  been  expressed  on  this 
point,  in  the  courts  of  England,  and  of  this  country;  and 
statute  provisions  exist  in  some  of  the  states,  allowing,  in 
certain  cases,  to  the  occupant,  compensation  for  the  im- 
provements. But  these  are  pronounced,  by  the  author  of 
Commentaries  on  American  Law,  encroachments  upon 
the  rights  of  property,  as  known  and  recognized  by  the 
common  law  of  thfe  land.  And  he  further  observes : 
"There  are  but  very  few  cases  in  which  a  person  may 
not,  with  reasonable  diligence  and  cautious  inquiry,  dis- 
cover whether  a  title  be  clear  or  clouded;  and  'let  the 
buyer  beware'  is  a  maxim  of  the  common  law  which  is 
exceedingly  conducive  to  the  security  of  right  and  title." 

579.  But  private  property  must,  in  some  cases,  be 
made  subservient  to  the  public  welfare.  If  a  public  high 
way  be  out  of  repair,  a  passenger  may  lawfully  go 
through  an  adjoining  private  enclosure.  It  is  lawful  also, 
to  dem.olish  houses  to  prevent  the  spreading  of  a  confla- 
gration. The  legislature  has  the  control  of  private  prop- 
erty for  public  uses.  The  Revised  Statutes  of  New  York 
authorize  the  c  ''^^  o^ro"'^«!  through  cultivated  lands  of 
individuals  witho,  'provided  it  be  fe'one 
by  town  officers  of  their  own  a^.^ 


^  person  be  deprived  of  his  property  without  his  con.'ient  <  577,  578. 
Can  a  per.son  claim  compensation  for  improvements  made  on 
land  occupied  under  a  defective  tillel     579.  In  what  ca^es  is  pri- 


Chap.    V.  CONTRACT    OF    SALE.  229 

npplication  of  twelve  freeholders;  and  the  value  of  the 
lands,  and  amount  of  damages,  must  be  assessed  by  a 
jury,  and  paid  to  the  owner.  It  is  an  equitable  provision 
"in  our  constitutions,  that  private  property  shall  not  be 
taken  for  publie  use  without  just  compensation. 

580.  A  contract  is  an  agreement  between  two  or  more 
persons  by  which  th?  parties  agree  to  do,  or  not  to  do,  a 
particular  thing.  Contracts  are  executor?/  when  the  stip- 
ulations remain  to  be  executed:  or  when  one  party  agrees 
to  sell  and  deliver  at  a  future  time,  for  a  stipulated  price, 
and  the  other  agrees  to  accept  and  pay.  Contracts  are 
express  or  implied.  They  are  express,  when  parties 
contract  in  express  words,  or  by  writing ;  and  implied, 
when  an  act  has  been  done  which  shows  that  the  parties 
must  have  intended  to  contract  ■  as  when  a  person  em- 
ploys another  to  do  some  service,  it  is  presumed  that  the 
party  employing  intended  to  pay  for  the  labor  performed. 

581.  To  render  a  contract  binding,  there  must  be  a 
lecral  consideration :  something  must  have  been  paid,  or 
something  given  or  done,  as  an  inducement  to  the  fulfil- 
ment of  the  contract.  A  contract  to  be  valid,  requires, 
(1.)  that  the  thing  sold  has  actually  existence,  and  is  ca- 
pable of  delivery ;  (2.)  that  a  price  be  fixed,  or  suscepti- 
iole  of  being  ascertained  without  further  negotiation  be- 
tween the  parties;  and,  (3  )  that  there  be  a  mutual  con- 
sent of  the  parties  to  the  contract,  which  is  binding'' vheu 
a  proposition  made  by  one  party  is  accepted  by  the  other 

582.  In  the  sale  of  a  chattel  as  one's  own  property,  if 
it  be  at  the  lime  in  the  possession  of  another,  and  there  be 
no  covenant  or  warranty  of  title,  the  party  buys  at  his 
peril.  But  if  the  seller  has  possession  of  the  article,  and 
he  sells  it  as  his  own  property,  he  is  understood  to  was- 
rant  the  title.     A  fair  price  implies  a  loarranty  of  title. 

583.  With  regard  to  the  qiiaiily  of  the  thing  sold,  the 
seller  is  not  bound  to  make  good  any  deficiency,  unless 


vate  property  made  subservient  to  the  public  welfare?  580.  What 
is  a  contract?  What  are  executory,  express,  and  implied  con- 
tracts? 581,  What  is  requisite  to  the  validity  of  a  contract?  582^ 
683.  What  is>  the  law  concerning  warranty  cif  title,  and  quality  o/ 


230  ciriL  JURISPRUDENCE  OF  THE  u.  8.     Part  V, 

he  expressly  warranted  the  goods  to  be  sound  and  good, 
or  unless  he  made  a  fraudulent  representation  concerning 
them.  But  a  moral  obligation  rests  on  every  person 
knowingly  to  conceal  no  fault  in  any  article  he  sells. 
And  if  there  be  an  intentional  concealment  or  suppression 
by  one  party  of  a  material  fact,  in  a  case  wherein  the  oth- 
er has  not  equal  access  to  means  of  information,  the  con- 
tract is  void.  But  when  both  have  equal  means  of  in- 
formation, and  neither  says  nor  does  anything  to  impose 
on  the  other,  a  disclosure  of  facts  is  not  necessary  to 
make  the  contract  valid. 

584.  When  the  terms  of  sale  are  agreed  on,  and  the 
bargain  is  struck,  the  contract  is  absolute  without  the 
actual  delivery;  and  the  property,  and  the  risk  of  acci- 
dent to  the  goods,  vest  in  the  buyer.  He  is  entitled  to 
the  goods  on  payment  or  tender  of  the  price,  and  not  oth- 
erwise, when  nothing  is  said  at  the  sale  as  to  the  time  of 
delivery  or  the  time  of  payment;  for,  though  the  vendee 
acquires  the  right  of  property  by  the  contract  of  sale,  he 
does  not  acquire  the  right  of  possession,  until  he  pays  or 
tenders  the  price.  But  if  the  goods  are  sold  upon  credit, 
and  nothmg  is  said  as  to  the  time  of  delivering  the  goods, 
the  vendee  is  immediately  entitled  to  the  possession.  To 
make  a  contract  of  sale  valid,  there  must  be  a  delivery, 
or  tender  of  it,  or  payment,  or  tender  of  payment,  an 
earnc'it  given,  or  a  memorandum  in  writing  signed  by 
the  party  to  be  charged;  and  if  nothing  of  this  kind  takes 
place,  it  is  no  contract,  and  the  owner  may  dispose  of'his 
goods  as  he  pleases. 

585.  The  statutes  of  New  York  contain  express  pro- 
visions on  the  subject  of  contracts.  No  agreement  that 
is  not  to  be  performed  within  one  year  from  the  time  of 
making  it ;  no  special  promise  to  answer  for  the  debt,  de- 
fault or  miscarriage  of  another  person ;  nor  an  agree- 
ment or  promise  upon  consideration  of  marriage,  except 
mutual  promises  to  marry,  shall  be  valid,  unless  such 
agreement,  note  or  memorandum  thereof,  expressing  the 

property  sold?  584.  When  docs  the  buyer's  right  of  property  com- 
mence'?   When  the  right  of  posses.sioa?    585.  What  contracts  are 


Chap.    VI.  OF    BAILMENT.  231 

consideration,  be  in  writing,  subscribed  by  the  party  to  be 
charged.  Contracts  for  the  sale  of  goods  for  the  price  of 
fifty  dollars  or  more,  are  void,  unless  they  be  in  writing ; 
or  unless  the  buyer  receive  a  part  of  the  goods  or  eviden- 
ces, or  pay,  at  the  time,  a  part  of  the  purchase  money. 

580.  To  prevent  fraudulent  transfers  of  property,  it  is 
provided  that  every  sale  or  assignment  of  goods,  by  way 
of  security,  unless  actual  delivery  be  made,  or  possession 
changed,  shall  be  presumed  to  be  fraudulent,  and  shall  be 
void  as  against  the  creditors  of  the  vendor  or  assignor,  or 
against  subsequent  purchasers  in  good  faith  ;  unless  the 
persons  claiming  under  the  sale  or  assignment,  make  it 
appear  that  the  same  was  made  in  good  faith.  And  no 
assignment  of  goods  and  chattels,  as  security  for  any  debt, 
is  valid  as  against  the  creditors  of  the  assignor,  or  pur- 
chasers in  good  faiih;  unless  such  assignment  be  under 
seal,  and  filed  in  the  office  of  the  town  clerk  of  the  town 
in  which  the  assignor  resides;  or  in  the  county  clerk's  of- 
fice, if  there  be  one  in  the  town.  And  the  assignment 
must  be  renewed  at  the  expiration  of  one  year  from  the 
date  thereof,  and  from  the  date  of  each  renoAval. 


CHAPTER  VI. 

Of  Bailment — Principal  and  Agent — Partnership. 

587.  The  word  bailment  is  from  bail,  which  is  derived 
from  the  Greek,  to  deliver,  and  is  so  called,  because  by 
means  of  it,  the  party  restrained  is  delivered  into  the 
hands  of  those  that  bind  themselves  for  his  forthcoming. 
Bailment,  in  law,  is  a  delivery  of  goods  in  trust,  upon 
agreement  that  thf.  trust  shall  be  executed,  and  the  goods 
restored  by  the  bailee,  when  the  purpose  of  the  bailment 
shall  have  been  answered. 

in  New  York  required  to  be  in  writing?    586.  What  special  pro. 
risioD  is  made  to  prevent  fraudulent  transfers  of  property? 


252  CIVIL  JURISPRUDENCE  OF  THE  O    8  Part  V 

588.  If  a  person  receives  goods  to  be  kept  for  the  bail- 
or, and  to  be  returned  on  demand,  without  recompense,  he 
is  to  keep  them  with  reasonable  care;  and  unless  there  be 
a  special  undertaking  to  the  contrary,  he  is  responsible 
only  for  gross  neglect,  or  for  a  violation  of  good  faith. 
Gross  neglect  is  a  want  of  that  care  which  every  man  of 
common  sense  takes  of  his  own  property.  If  a  person 
undertakes,  without  recompense,  to  do  some  act  for  an- 
other in  respect  to  the  thing  bailed;  for  instance:  if  he  un- 
dertakes to  carry  an  article  from  one  place  to  another, 
he  is  responsible  only  for  gross  neglect,  or  a  breach  ei 
faith. 

589.  Whether  a  mandatary  renders  himself  liable  for 
the  non-performance  of  a  gratuitous  undertaking,  is  a 
question  on  which  writers  on  common  law  differ  in  some 
degree.  But  perhaps  the  prevailing  opinion  among  us  is, 
that  a  mandatary,  or  one  who  undertake s  to  do  an  act  for 
another  without  reward,  is  not  answerable  for  omitting 
to  do  the  act,  but  is  responsible  only  when  he  attempts 
to  do  it,  and  does  it  arniss.  In  other  words,  he  is  re- 
sponsible for  misfeasance,  but  not  for  nonfeasance,  even 
though  special  damages  be  averred. 

590.  If  a  person  loan  to  another  for  use  without  reward, 
any  article,  as  a  horse,  carriage,  or  book,  and  the  arti- 
cle be  lost  or  destroyed,  without  blame  or  neglect  imput- 
able to  the  borrower,  the  owner  must  abide  the  loss. 
But  the  borrower  must  apply  the  thing  to  the  use  for 
which  it  was  borrowed;  and  he  must  not  keep  it  beyond 
the  time  limited,  nor  permit  another  person  to  use  it. 

591.  If  property  be  pledged  as  security  for  a  debt  or 
engagement,  the  pawnee  is  bound  to  take  ordinary  care, 
and  is  answerable  only  for  ordinary  neglect;  and  if  the 
goods  should  then  happen  to  be  lost,  he  may,  notwith- 
standing, resort  to  the  pawnor  for  his  debt.  If  he  de- 
rives any  profit  from  the  use  of  the  property,  he  must 


587.  What  is  the  meaning  of  bailment?  588.  In  what  cases,  and 
how  far,  is  a  bailee  liable  lor  damage?  589.  In  what  cases  does 
a  mandatary  become  liable  for  damages?  590.  How  does  a  bor- 
rower become  liable^    591.  What  is  the  law  in  relation  to  prop- 


Chap.  VI.  OP   BAILMENT.  233 

apply  the  profits,  after  deducting  necessary   expenses, 
towards  the  debt. 

.592.  There  is  another  species  of  bailment,  the  hiring 
of  property  (or  a  reward.  The  hirer  is  bound  to  use  the 
article  with  due  care  and  moderation,  and  not  to  apply 
it  to  any  other  use,  or  detain  it  for  a  longer  period  than 
that  for  which  it  was  hired.  If  the  article  be  injured  or 
destroyed  without  any  fault  on  the  part  of  the  hirer,  the 
loss  fells  on  the  owner,  for  the  risk  is  with  him. 

593.  In  cases  where  work  or  care  is  bestowed  on  the 
thing  delivered,  for  a  recompense,  the  workman  for  hire 
must  answer  lor  ordinary  neglect  of  the  goods  bailed,  and 
apply  a  degree  of  skill  equal  to  the  undertaking;  for  ev- 
ery man  is  presumed  to  possess  the  skill  requisite  to  the 
due  exercise  of  the  art  or  trade  he  assumes.  If  he  per- 
forms the  work  unskilfully,  he  is  responsible  in  damages. 
As,  if  a  tailor  receives  cloth  to  be  made  into  a  coat,  he  is 
bound  to  perform  it  in  a  workmanlike  manner. 

594.  Forwarding  merchants  are  responsible  for  want 
of  good  faith,  and  of  reasonable  care  and  ordinary  dili- 
gence, and  not  to  any  greater  extent,  unless  the  business 
and  duty  of  carriers  be  attached  to  their  other  character 

595.  But  with  regard  to  innkeepers,  the  rule  is  moie 
strict.  In  general,  they  are  responsible  for  the  acts  of 
their  servants,  and  for  thefts,  and  are  bound  to  take  all 
possible  care  of  the  goods  and  baggage  of  their  guests, 
on  the  ground  of  the  profit  they  receive  for  their  enter- 
tainment. But  the  innkeeper  is  not  considered  responsi- 
ble for  loss  occasioned  by  unavoidable  accident,  or  by 
superior  force,  as  robbery. 

596.  A  person  who  carries  goods  for  hire,  in  a  partic- 
ular case,  and  not  as  a  common  carrier,  is  only  answer- 
able for  ordinary  neglect,  unless  he  expressly  assumes 
the  risk  of  a  common  carrier  But  if  he  be  a  common 
carrier,  he  is  in  the  nature  of  an  insurer,  and  is  answer- 


erty  pledged  or  pawned?  592.  What  in  relation  to  property 
hired  for  a  reward?  593.  What  in  relation  lo  articles  on  whicn 
labor  is  to  be  bestowed?  534.  What  in  relation  to  forwardiug 
merchants?     595.  What  as  to  innkeepers?     596.  As  lo  comruoa 


234        civil,  JURISPRUDENCE  OP  THE  u.  8.        Part  V, 

able  for  accidents  and  thefts,  and  even  for  loss  by  robbe- 
ry. He  is  answerable  for  all  losses  except  in  cases  of  the 
act  of  God,  and  public  enemies. 

597.  Proprietors  of  a  stage  coach  do  not  warrant  the 
safety  of  passengers  as  common  carriers;  they  are  re- 
sponsible only  for  the  want  of  due  care.  But  as  public 
carriers,  they  are  answerable  for  the  loss  of  a  box  or  par- 
cel of  goods,  though  ignorant  of  the  contents.  But  if 
the  owner  be  guilty  of  fraud  or  imposition,  as  by  conceal- 
ing the  value  or  nature  of  the  article,  or  deludes  a  carrier 
by  treating  the  parcel  as  of  no  value,  he  cannot  hold  him 
liable  for  the  loss  of  his  goods.  Carriers  by  water  are 
liable  to  the  same  extent  as  land  carriers.  But  the  rule 
does  not  apply  to  post  masters. 

598.  Agency  is  founded  upon  a  contract,  express  or 
implied,  by  which  one  party  entrusts  to  the  other  the 
management  of  some  business;  and  by  which  the  other 
assumes  to  do  the  business,  and  to  render  an  account  of 
it.  The  acts  of  a  general  agent,  or  one  employed  by  an- 
other to  do  his  business  of  a  particular  kind,  will  bind 
his  principal,  so  long  as  he  keeps  within  the  general 
scope  of  his  authority,  though  he  may  act  contrary  lo  his 
private  instructions.  But  an  agent,  constituted  for  a  par- 
ticular purpose,  and  under  a  limited  power,  canirot  bind 
his  principal  if  he  exceeds  his  power.  The  special  au- 
thority must  be  strictly  pursued;  and  whosoever  deals 
with  an  agent  constituted  for  a  special  purpose,  deals  at 
his  peril,  when  the  agent  passes  the  limits  of  his  power. 

599.  If  a  person  intrusts  his  watch  to  a  watch  maker 
to  be  repaired,  and  the  watch  maker  sells  the  watch,  the 
owner  is  not  bound  by  the  sale.  A  factor  or  merchant 
who  buys  and  sells  upon  commission,  or  as  agent  lor  oth- 
ers, may  sell  on  credit,  and  the  principal  must  abide  by 
the  bargain,  and  the  agent  incurs  no  risk.  There  are 
some  cases  in  which  a  factor  sells  on  credit  on  his  own 
risk  ;  as  when  he  acts  for  an  additional  premium  ;  and 
the  principal  may  call  on  him  without  first  looking  to  the 

carriers?  597.  Proprietors  of  s:ages7  598.  How  far  is  a  principai 
bttund  by  the  acts  of  his  agent?     599.  How  is  the  agency  of  fac- 


Ohap.  VI.     PRINCIPAL  &  ABENT — PARTNERSHIP       235 

vendee.     A  factor  cannot  pledge  the  goods  of  his  princi- 
pal as  security  for  his  own  debt. 

600.  If  an  agent  would  excuse  himself  from  responsi- 
bility, he  must  show  that  he  disclosed  his  principal  when 
he  made  the  contract,  and  that  he  acted  on  his  behalf,  so 
as  to  enable  the  party  with  whom  he  deals,  to  have  re- 
course to  the  principal,  in  case  the  agent  had  authority 
to  bind  him.  And  if  the  agent  even  buys  in  his  own 
name,  but  for  the  principal,  and  without  disclosing  his 
name,  the  principal  is  bound,  as  well  as  the  agent,  pro- 
vided the  goods  come  to  his  use.  An  agent,  ordinarily, 
has  no  right,  without  express  authority,  to  employ  a  sub- 
agent  to  do  his  business,  without  the  knowledge  or  con- 
sent of  his  principal. 

601.  An  agent  has  a  right  to  retain  possession  of  pro- 
perty until  his  demand  shall  be  satisfied.  This  right  is 
called  a  lien.  A  gimeral  lien  is  the  right  to  retain  pro- 
perty for  a  general  balance  of  accounts  ;  but  a  particular 
lien  is  a  right  to  retain  it  only  for  a  charge  on  account  of 
labor  employed,  or  expenses  bestowed,  upon  the  identical 
property  detained.  This  is  a  privilege  given  by  law  to 
persons  engaged  in  occupations  necessary  for  the  accom- 
modation of  the  public.  Upon  this  ground  common  car- 
riers and  innkeepers  have  a  lien  on  property  intrusted  to 
them.  A  tailor  has  a  lien  upon  the  cloth  put  in  his  hands 
to  be  worked  up  into  a  garment.  But  he  cannot  hold 
it  for  any  debt  previously  contracted. 

602.  Partnership  is  a  contract  of  two  or  more  persons, 
to  place  their  money,  labor  or  skill,  in  lawful  commerce 
or  business,  and  to  divide  tiie  prolit,  and  bear  the  loss,  in 
certain  proportions.  It  is  a  partnership  if  one  advances 
the  funds,  and  another  furnishes  the  personal  services, 
and  is  to  share  in  the  profis.  7'hough  there  be  no  ex- 
press articles  of  copartnership,  if  persons  have  a  mutual 
interest  in  the  profits  and  loss,  or  if  they  hold  out  them- 
selves to  the  world  as  joint  traders,  they  are  held  respon- 


tors  regulated?  600.  What  is  necessary  to  excuse  an  agent  from 
fespon?ibility''  601.  What  is  a  lien?  Who  have  this  privilcget 
<iOe.  What  is  the  nature  of  a  partnership?    663.  How  may  soveF- 


236  CIVIL  JURISPRUDENCE  OF  THE  u.  8.     Part  V 

sible  as  partners  to  third  persons,  whatever  may  be  the 
nature  of  their  connexion;  and  each  member  of  the  firm 
is  answerable  for  the  whole  amount  of  the  debts.  But  a 
party  may  by  agreement  receive,  by  way  of  rent,  a  por- 
tion of  the  profits  of  a  farm  or  tavern  ;  or  a  clerk  or  agent 
may  receive  a  portion  of  the  profits  of  sales  as  a  compen- 
sation for  labor,   without  becoming  a  partner. 

603.  Patties  must  be  jointly  concerned  in  the  future 
sale  of  their  goods,  in  order  to  constitute  a  partnership. 
A  joint  purchase,  with  a  view  to  separate  and  distinct 
8ale:j  by  each  person  on  his  own  account,  is  not  sufficient. 
Several  persons,  not  having  contracted  together  as  part- 
ners, may,  by  a  common  agent  employed  for  the  purpose, 
purchase  goods  in  the  name  of  one  of  them  only,  and  di- 
vide the  purchase  among  themselves,  without  becoming 
partners,  or  jointly  answerable  to  the  seller  in  that  char- 
acter, if  they  are  not  to  be  jointly  concerned  in  the  resale 
of  their  shares.  If  a  purchase  be  made  on  separate 
account,  and  the  interests  of  the  purchasers  be  after- 
wards mingled,  with  a  view  to  a  joint  sale,  the  partner- 
ship commences  at  the  time  when  the  shares  are  brought 
into  a  common  stock. 

604.  The  members  of  an  association  may  mutually 
agree  that  any  one  of  their  number  shall  neither  contri- 
bute his  money  or  labor,  nor  partake  of  the  profits ;  yet 
if  he  lends  his  name  to  the  company,  he  becomes  liable 
as  a  partner  for  the  debts  contracted.  The  parties  may 
regulate  their  concerns  as  they  please  with  regard  to 
each  other  ;  but  they  cannot,  by  any  agreement  among 
themselves,  release  each  other  from  their  obligations  as 
partners.  This  rule  is  founded  on  principles  of  general 
policy,  and  is  calculated  to  prevent  the  frauds  to  which 
creditors  would  otherwise  be  exposed.  A  partner  who 
should  conceal  his  name  so  as  not  to  be  known  as  a  part- 
ner when  the  debt  is  contracted,  is  equally  liable  when 
discovered,  if  he  shares  in  the  profits  of  the  trade. 


al  persons  purchase  and  divide  goods,  without  becoming  jointly 
responsible/  What  future  ace  is  necessary  to  make  ihem  pari- 
uersl    604.  Can  the  members  of  an  association,  by  any  arrange- 


Chap     VI.  OF    PARTNERSHIP.  237 

605.  By  the  laws  of  New  York,  a  limited  partnership 
may  consist  of  one  or  more  persons  jointly  and  bcverally 
responsible,  who  are  called  general  partners,  and  one  or 
more  persons  who  furnish  certain  funds  to  the  common 
stock,  but  whose  liability  extends  only  to  the  amount  of 
the  fund  furnished,  and  who  are  called  special  partners. 
The  names  of  the  special  partners  are  not  to  be  used,  nor 
do  they  transact  any  business  for  the  firm.  Before  such 
a  partnership  can  act,  a  register  thereof,  with  a  certificate 
signed  by  the  parties,  must  be  registered  in  the  clerk's 
office  of  the  county;  and  the  terms  of  the  partnership 
must  be  published  for  six  weeks.  Due  publication  must 
also  be  made  for  four  weeks,  of  the  dissolution  of  the  part- 
nership by  the  act  of  the  parties,  prior  to  the  time  specifi- 
ed in  the  certificate. 

605.  Incorporated  companies  are  not,  in  law,  partner- 
ships;  and  the  stockholders  are  not  personally  responsi- 
ble for  the  debts  or  engagements  of  the  company :  their 
property  is  affected  only  so  far  as  they  have  an  interest 
in  the  company. 

607.  The  act  of  each  partner  relating  to  the  partner- 
ship, is  considered  the  act  of  all,  and  binds  all.  But  if 
a  bill  or  note  be  drawn  by  one  partner  in  his  own  name 
only,  without  appearing  to  be  on  partnership  account,  he 
alone  is  bound,  though  it  was  made  for  a  partnership 
purpose.  But  if  the  bill  be  drawn  by  one  partner  in  his 
own  name,  on  the  firm,  or  on  partnership  account,  the 
act  of  drawing  has  been  held  to  amount  to  an  acceptance 
of  the  bill  by  the  drawer  in  behalf  of  the  firm,  and  to  bind 
the  firm  as  an  accepted  bill. 

608.  A  partnership  ceases  as  soon  as  the  business  is 
completed ;  and  if  the  partnership  be  without  a  definite 
period,  any  partner  may  withdraw  when  he  pleases,  and 
dissolve  the  partnership;  but  if  the  terms  of  partnership 


ment  among  them.selves,  release  each  other  from  responsibilityt 
60.').  What  laws  exist  in  relation  to  gjeneral  and  special  partners? 
60r>.  How  far  are  stockholders  of  incorporated  companies  respon- 
sible? 607.  Is  one  partner  bound  by  the  acts  of  others!  608. 
How  are  partnerships  dissolved? 


238  CITIL  JURISPRUDENCE  OF  THE  U.    8.       Part    V. 

be  definite,  it  cannot  be  dissolved  before  the  expiration  of 
the  term,  without  the  mutual  consent  of  the  partners;  ex- 
cept by  the  death,  insanity,  bankruptcy  or  some  other 
inability  of  one  of  the  parties  ;  or  by  judicial  decree  of  the 
court  of  chancery  in  certain  cases. 


CHAPTER  VII. 


Bills  of  Exchange — Promissory  Notes — Banks — Insu- 
rance 'Companies. 

609.  A  bill  of  exchange  is  a  written  order  or  request, 
from  one  person  to  another,  to  pay  to  a  third  person  a  cer- 
tain sum  of  money.  If  A,  livins^  in  New  York,  wishes 
to  receive  §1000,  which  await  his  orders  in  the  hands  of 

B,  in  London,  he  apples  to  C,  going'  from  New  York  to 
London,  to  pay  him  $1000,  and  take  his  draft  on  B  for 
that  sum,  payable  at  sight.  This  is  an  accommodation 
to  all  parties.     A  receives  his  debt  by  transferring  it  to 

C,  who  carries  his  money  across  the  Atlantic,  in  the 
shape  of  a  bill  of  exchange,  without  danger  of  robbery  or 
loss;  and  on  his  arrival  at  London,  he  presents  the  bill 
to  B,  and  is  paid.  A,  who  draws  the  bilk  is  the  drawer; 
B,  to  whom  it  is  addressed,  is  the  draicee;  and,  on  accep- 
ting it,  he  becomes  the  acceptor.  C,  to  whom  the  bill  is 
made  payable,  is  called  the  payee.  As  the  bill  is  payable 
to  C,  or  his  order,  he  may,  by  endorsement,  direct  the  bill 
to  be  paid  to  D.  In  that  case  C  becomes  the  endorser, 
and  D,  to  whom  the  bill  is  endorsed,  is  called  the  endorsee, 
or  holder. 

610  A  check  is,  in  form  and  effi?ct,  a  bill  of  exchange. 
It  is  not  a  direct  promise  on  the  part  of  the  drawer  to 
pay,  but  he  is  answerable  if  the  drawee  fails  to  pay.     A 


609.  What  is  a  bill  of  Exchange?  Give  an  example  to  illustrate 
its  operation?  What  are  the  several  parties  called?  GIO.  Wnal 
is  a  check?     Cll.  How  soon  auer  ii  is  drawn,  must  a  bill  be  pre- 


Chap.    VII.  BILLS    AND    NOTES.  239 

check  payable  to  bearer  passes  by  delivery,  and  the  bear- 
er may  sue  on  it  as  on  an  inland  bill  of  exchange. 

611.  No  precise  time  is  fixed  bylaw  for  presenting 
bills  to  the  drawee  for  acceptance.  A  bill  payable  at 
a  given  time  after  date,  may  be  presented  at  any  time  be- 
fore the  day  of  payment;  but  if  presented  and  acceptance 
be  refused,  it  is  dishonored,  and  notice  must  then  be  giv- 
en to  the  drawer.  A  bill  payable  sixty  days  after  sight, 
means  sixty  days  after  acceptance;  and  such  a  bill,  as 
well  as  a  bill  payable  on  demand,  must  be  presented  in  a 
reasonable  time,  or  the  holder  must  bear  the  loss  proceed- 
ing from  his  neglect. 

612.  The  acceptor  of  a  bill  is  the  principal  debtor,  and 
the  drawer  is  the  surety  ;  and  nothing  will  discharge  the 
acceptor  but  payment  or  a  release.  If  the  acceptor  alters 
the  bill  on  accepting  it,  and  the  holder  consents  to  the 
alteration;  it  is  a  good  bill  as  between  the  holder  and  ac- 
ceptor, but  it  is  vacated  as  against  the  drawer  and  endors- 
ers. 

613.  A  promissory  note  is  a  written  promise  to  pay  or 
deliver  to  another  a  sum  of  money.  If  it  be  made  paya- 
ble to  him  or  his  order,  or  to  bearer,  it  is  called  negolia- 
ble  ;  and  it  may  be  sold  or  transferred  to  any  other  per- 
son, who  has  the  same  authority  to  sue  for  and  collect 
the  money,  as  the  original  promisee.  When  a  note  is 
payable  to  bearer,  it  passes  without  endorsement;  but 
when  it  is  payable  to  a  person  or  his  order,  such  person, 
the  promisee,  must  endorse  it  by  writing  his  name  on  the 
back  of  it,  before  any  other  person  can  receive  the  mon- 
ey. If  the  name  of  the  payee  or  endorsee  be  left  blank, 
any  bona  fide  holder  may  insert  his  own  name  as  payee. 
The  words  value  received  are  usuallj'  inserted  in  a  note, 
but  the  note  is  good  without  them. 

614.  If  a  bill  has  been  accepted,  demand  of  payment 
must  be  made  when  the  bill  falls  due ;  and  it  must  be 
made  by  the  holder  or  his  agent  upon  the  acceptor,  at  the 

sented?  612.  What  is  the  effect  of  altering  a  bill  by  the  acceptorT 
613.  What  is  a  promissory  notel  What  is  the  difference  between 
■iotas  payable  to  bearer  and  to  order?    614.  When  must  paymeai 


240       CIVIL  JURISPRUDENCE  OF  THE  V.  s.     Part  V 

place  appointed  for  payment,  or  at  his  residence,  or  upon 
him  personally,  if  no  particular  place  be  appointed.  Tho 
acceptor  is  allowed  three  days  after  the  bill  .'alls  due,  to 
pay;  which  are  called  days  of  grace.  Three  days  of 
grace  apply  also  to  promissory  notes.  A  bill  or  note  pay- 
able on  demand,  or  in  which  no  time  of  payment  is  ex- 
pressed, is  not  entitled  to  the  days  of  grace. 

615.  If  the  third  day  of  grace  falls  on  Sunday,  or  some 
other  day  of  public  rest,  the  demand  of  payment  must  be 
made  on  the  day  preceding.  If  the  demand  be  not  made 
on  the  last  day  of  grace,  the  drawer  of  a  bill,  and  endor- 
ser of  a  note,  are  discharged.  As  to  the  particular 
time  of  the  day  at  which  the  demand  must  be  made,  it  is 
said  to  be  unseasonable  to  demand  payment  before  the 
expiration  of  the  day;  but  this  question  is  governed,  in  a 
degree,  by  the  custom  of  the  place;  and  if,  in  a  commer- 
cial city,  payments  are  to  be  made  at  the  banks,  demand 
must  be  maiie  within  bank  hours. 

616.  The  holder  of  a  note  can  recover  upon  ft,  though 
he  received  it  ot  a  person  that  had  stolen  nr  robbed  it  from 
the  true  owner;  provided  he  took  it  innocently,  in  the 
course  of  trade,  for  a  valuable  consideration,  and  with 
due  caution.  There  are  said  to  be  but  two  cases  in 
which  a  bill  or  note  is  void  in  the  hands  of  an  innocent 
endorsee  or  holder:  one  is  when  the  note  is  given  for 
money  lost  at  gaming;  and  the  other  when  it  is  given  for 
a  usurious  debt.  Usury  is  an  agreement,  upon  the  loan 
of  money,  to  receive  the  same  again  with  a  greater  inter- 
est than  that  which  is  fixed  by  law. 

.617.  The  acceptance  of  a  bill  may  be  in  writing,  or 
by  parol.  Pa?-/?/ means,  assurance  given  by  word.  If  a 
person,  in  writing,  authorizes  another  to  draw  a  bill,  and 
stipulates,  before  the  drawing  of  the  bill,  to  Honor  it  after 
it  shall  have  been  drawn;  and  if  the  bill  be  afterwards 
drawn,  and  taken  by  a  third  party,  it  amounts  to  an  ac- 
ceptance.     A   parol  promise  to   accept   a   bill    already 


be  demanded  on  accepted  bills?  G15.  When  mast  the  demand  be 
made  when  the  kst  d.iy  of  f^race  falls  on  Sunday?  Oiti.  In  what 
CHoes  are  notes  void .'     617.  In  what  manner  must  the  acceptano* 


Chap.    VII.        BILLS    AND    NOTES NOTARIES.  241 

drawn,  or  thereafter  to  be  drawn,  is  binding  if  the  bill 
be  purchased  in  consideration  of  the  promise.  In  New 
York,  however,  it  is  specially  provided,  that  no  accept- 
ance is  binding,  unless  it  he  in  writing. 

CIS.  If  a  note  be  made  payable  in  any  species  of  prop- 
erty other  than  cash,  it  is  not  negotiable.  If  such  note 
be  not  paid  according  to  the  conditions  therein  expressed, 
the  maker  becomes  liable  to  pay  the  same  in  cash.  But 
in  either  case,  if  it  passes  to  a  third  person,  he  can  sue 
it  only  in  the  name  of  the  person  to  whom  it  was  ex- 
ecuted,who  is  allowed  to  offset  any  account  or  claim  which 
he  may  have  against  the  promisee.  And  any  note,  if  it 
be  taken  after  it  is  become  due,  the  buyer  takes  at  his 
peril;  and  the  promisor  may  oiiset  against  it  any  payment 
which  he  may  have  made  to  the  original  holder. 

619.  Tliat  the  drawer  and  endorsers  of  a  negotiated 
note  or  bill  may  be  held  responsible,  the  holder  must  show 
that  a  demand  has  been  made,  or  that  due  diligence  has 
been  used  to  get  the  money  of  the  maker  of  the  note,  or 
the  drawee  of  a  bill;  and  he  must  also  give  reasonable 
notice  of  their  default  to  the  drawer  and  endorsers.  The 
object  of  this  notice  is  to  afford  an  opportunity  to  the  draw- 
er and  endorsers,  to  obtain  security  from  those  to  whom 
they  must  resort  for  indemnity.  The  notice  must  be  giv- 
en by  the  first  convenient,  practicable  mail  that  goes  on 
tlie  day  ne.xt  to  the  third  day  of  grace  ;  or,  it  must  at  least 
h6  put  into  the  post  office  for  that  purpose,  if  possible. 
Where  the  parties  live  in  the  same  town,  personal  notice 
must  be  given,  or  a  special  messenger  must  be  sent  to 
the  dwelling  house  oi  place  of  business  of  the  party  to 
be  charged. 

620.  Agents  are  appointed  in  all  commercial  places, 
called  notaries  public.  When  a  foreign  bill  is  to  be  pre- 
sented for  acceptance  or  payment,  the  demand  is  usually 
made  by  a  notary;  and  in  case  of  refusal,  his  certificate 
of  the  presentment  of  the  bill,  and  of  the  refusal,  is  legal 
proof  of  the  fact  in  any  court.     This  certificate  is  called  a 

©f  bills  be  .signified?    CIS.  What  is  the  character  of  notes  not 
pa3'^able  in  casli?     G19.  What  is  requisite  to  hold  drawers  and  en- 
dorsers of  ncgotiaied  paper  responsible?     620,(321.  What  are  the 
R 


242  CIVIL  JURISPRUDENCE  OF  THE  V.  B.      Part  V, 

protest,  which  mieans,  for  proof.  A  protest  must  be  not- 
ed on  the  day  of  the  demand;  but  it  may  be  drawn  up  in 
form  at  a  future  period.  A  bill  drawn  in  one  state,  upon 
a  person  in  another,  seems  to  be  regarded  as  a  foreign 
bill  requiring  a  protest. 

621.  But  notaries  may  also  demand  acceptance  and 
paymem  of  inland  bills  of  exchange, and  promissory  notes, 
and  protest  the  sam.e  for  non-acceptance  or  non-payment. 
No  protest,  however,  is  legal  evidence  in  court,  except 
in  the  case  of  a  foreign  bill  of  exchange.  Yet  it  is  expe- 
dient, in  many  cases,  to  employ  notaries,  when  evidence 
is  to  be  preserved,  because  they  are  easily  to  be  found 
when  wanted  as  witnesses.  And  in  the  state  of  New  York, 
the  original  protest  cf  such  notary,  under  seal,  is  evidence, 
in  case  of  his  death,  insanity,  or  absence,  so  that  his 
personal  testimony  cannot  be  obtained.  Notaries  in  this 
state  are  appointed  by  the  governor  and  senate  wherever 
they  shall  think  proper. 

622.  Banks.  The  first  institution  of  this  kind  was  in 
Italy,  where  the  Lombard  Jews  kept  benches  in  the  mar- 
ketplaces, for  the  exchange  of  money  and  bills;  and  ban- 
CO  being  the  Italian  name  for  bench,  banks  took  tlieir  ti- 
tle from  this  word.  ; 

623.  The  first  banks  are  supposed  to  have  been  only 
banhs  of  deposit,  places  where  persons  deposiled  or  laid 
uf)  their  money  for  safe  keeping,  to  be  ready  when  called 
for.  Another  species  of  bank  is  a  bavk  of  deposit  and 
discount.  By  discovntiv g  is  meant  the  advancing  of 
money  on  bills  of  exchange,  of  on  promissory  notes  due 
at  a  future  time,  taking  out  of  the  sum  the  interest  there- 
on to  the  time  when-  the  note  will  become  due. 

62-4.  But  banks  in  this  country,  differ  materially  at 
present  from  either  of  those  above  mentioned.  They  re- 
ceive money  in  deposit,  and  they  discount  notes;  but  in- 
stead of  paying  gold  or  silver  coin  for  such  notes,  they  pay 
in  their  own  notes,  on  which  they  are  bound  to  pay  the 
specie  whenever  demanded.     These  bank  bills  or  note* 

duties  of  a  notary  public'?  What  is  a  protest?  622.  Wliere  wewi 
banks  first  instituted  ?  623.  What  is  a  bank  of  deposit?  What  is 
discounting?     624.  What  are  banks  in  this  country  called?     How 


chap.  VII.       BANKS  &    INSURANCE    COMPANIES.  24$ 

circulate  as  money:  hence  our  banks  are  called,  banks  of 
deposit,  discount  and  circulation.  A  bank  derives  its 
powers  and  privileges  from  acts  of  incorporation  by  the 
legislature.  It  is  a  corporation  composed  of  a  number 
of  individuals,  who  petition  to  the  legislature  to  be  in- 
corporated. The  act  grants  and  defines  the  powers  of 
the  corporation,  and  expresses  the  amount  of  capital 
which  is  to  constitute  the  fund  on  which  the  bank  is  to  do 
business.  This  capital  is  divided  into  shares,  (usually 
of  $100  each,)  and  sold;  by  which  means  the  capital  fund 
is  raised.  The  owners  of  these  shares  are  called  stock- 
holders, who  choose  from  among  themselves  a  certain 
number  of  directors,  (ordinarily  thirteen,)  Avho,  from  their 
own  number,  choose  a  president.  The  president  and 
directors  choose  a  cashier  and  clerks. 

Qi'i.  Banks  are  allowed  to  issue  bills  to  a  greateT 
amount  than  their  capital  stock.  In  the  state  of  Ne\T 
York,  banks  may  issue  bills  and  discount  notes  to  two 
and  a  half  times  the  amount  of  their  capital;  which  ren- 
ders banking  a  profitable  business,  as  the  stockholders 
draw  interest  on  a  sum  much  greater  than  they  have  in- 
vested. Every  six  months  the  profits  are  divided  among 
the  stockholders.  The  sums  thus  divided  are  called  div- 
idends. If  a  bank  cannot  redeem  all  the  bills  it  has  issu- 
ed, it  is  said  to  have  failed,  or  to  be  broken. 

626.  In  the  state  of  New  York,  a  fund  is  provided  to 
indemnify  the  holders  of  bank  bills  against  losses  by  the 
failure  of  banks.  This  fund  is  raised  under  an  act  pass- 
ed in  1830,  imposing  a  yearly  tax  of  one  half  of  one  per 
cent,  on  the  capital  stock  of  the  several  banks,  until  such 
tax  shall  amount  to  three  per  cent ;  and  whenever  this 
fund  shall  become  exhausted,  taxation  shall  be  aqain  re- 
sorted to  to  replenish  it.  In  some  states  the  property,  per- 
sonal and  ri'al,  of  the  stockholders,  is  pledged  tor  the  re- 
demption of  the  notes  of  the  banks. 

627.  Insurance  companies  are  corporations  created  for 


are  they  incorporated'?  How  is  the  stock  raised?  G-2o.  To  what 
amouiu  may  banks  issue  bills  and  discount  notes?  What  are  divi- 
dends? C2ij.  How  are  bill  hulders  in  New  York  secured  against 
losses  from  bank  lailures?     C27.  What  are  insurance  companies? 


244  CIVIL  JURISPRUDENCE  OF  THE  u.  s.       Part  V. 

the  purpose  of  insuring  persons  against  losses  by  fire,  or 
at  sea,  and  sometimes  on  the  risk  of  the  duration  of  per- 
sons' lives;  and  they  sometimes  have  the  same  powers  and 
privileges  as  banks  have,  in  regard  to  the  issuing  of  bills. 
If  a  person  wishes  to  be  insured  against  fire,  he  applies  to 
an  agent  of  the  company,  who  takes  a  survey  of  the  build- 
ing and  property  to  be  insured.  The  rate  of  insurance 
is  then  agreed  on,  which  is  a  certain  sum,  say  50,  75  or 
100  cents  for  every  $100  insured.  The  money  paid  for 
insurance  is  caWed  prcmiuin  ;  and  the  writing  given  by 
the  agent,  in  behalf  of  the  company,  to  the  person  insur- 
ed, expressing  the  terms  of  insurance,  ii:  called  a  policy. 
628.  Companies  for  the  insurance  of  lives,  are  less 
common.  Their  purpose  is  to  provide  a  fund  for  credit- 
ors, or  family  connexions,  in  case  of  death.  The  insur- 
er, either  for  a  sum  in  gross,  or  in  yearly  payments, 
agrees  to  pay  a  certain  sum,  or  an  annuity,  upon  the  death 
of  the  person  whose  life  is  insured.  Such  contracts  are 
well  calculated  to  secure  relief  to  the  members  of  a  fami- 
ly whose  only  dependence  rests  upon  the  life  of  a  single 
person. 


CHAPTER  VIII. 

Of  Crimes  and  their  Punishment. 

629.  Crimes  made  punishable  with  death  by  the  laws 
of  the  .state  of  New  York,  are,  treason  against  the  peo- 
ple of  the  state;  murder;  and  arson  in  the  first  degree. 

Treason  is  defined  to  be  levying  war  against  the  people 
of  the  state  ,  a  combination  to  usurp,  by  force,  the  govern- 
ment of  the  state;  or  adhering  to,  and  aiding,  the  enemies 
of  the  state,  w^hile  separately  engaged  in  war  with  a  for- 
eign enemy. 

How  are  insurances  effected  on  property?     C28.  What  is  the  na- 
ture of  a  life  insurance?  .  ,     J       ,_    •      TVT         VI. 
G29   What  crimes  are  punishable  with  death  in  JNew    YorK  t 
What  is  treason?     630.  What  is  murder?     G31.  What  is  arson  in 


Chap.    VI  [I.  GRIMES    AND    PUNISHMENT.  245 

630.  Murder  is  the  killing  of  any  person  in  the  fol- 
lowing cases:  (I.)  when  perpetrated  from  a  premeditat- 
ed design  to  effect  the  death  of  any  human  heing ;  (2.) 
when  perpetrated  by  any  act  imminently  dangerous  to 
others/  and  evincing  a  depraved  mind  regardless  of  hu- 
man life,  although  without  a  premeditated  design  to  efTect 
death;  (3.)  when  perpetrated  without  any  design  to  effect 
death,  by  a  person  engaged  in  the  commission  ofafelony; 
and  (4.)  die  wounding  of  a  person  in  a  duel,  though  it  be 
done  out  of  the  state,  who  shall  die  in  the  state;  and  every 
second  engaged  in  such  duel  shall  be  guilty  of  murder. 

631.  Arson  in  the  first  degree,  is  wilfully  setting  fire 
to,  or  burning,  in  the  night  time,  a  dwelling  house  in 
which  there  "is,  at  the  time,  some  human-  being;  and 
every  house,  prison,  jail  or  other  building,  that  shall 
have  been  usually  occupied  by  persons  lodgins;  therein  at 
night,  is  deemed  a  dwelling  house  of  any  person  so  lodg- 
ing therein. 

632.  Manslaughter  in  the  first  degree,  consists  in  kill- 
ing a  human  being,  without  a  design  to  effect  death,  by 
the  act  of  another  engaged  in  perpetrating,  or  attempting 
to  perpetrate  a  crime  or  misdemeanor  not  amounting  to 
felony;  or  in  assisting  another  in  committing  self-murder. 
Manslaughter  in  the  second  degree,  is  the  killing  of  a  hu- 
man being,  without  a  design  to  effect  death,  but  in  a 
cruel,  unusual  manner;  or  in  unnecessarily  killing  an- 
other, while  resisting  an  attempt  by  such  other  person  to 
do  an  unlawful  act,  or  after  the  attempt  shall  have  failed. 
Manslaughter  in  the  third  degree,  is  the  killing  of  anoth- 
er in  the  heat  of  passion,  without  a  design  to  effect  death, 
by  a  dangerous  weapon;  or  the  involunatary  killing  of  a 
person  by  the  negligence  of  another  engaged  in  commit- 
ting, or  attempting  to  commit,  a  trespass;  or  in  permit- 
ting  a  mischievous  animal,  by  its  owner,  to  go  at  largo, 
if  the  animal  shall  kill  a  human  being,  who  shall  have 
taken  due  precaution  to  avoid  the  animal ;  or  the  adminis- 
tering, by  a  physician  in  a  state  of  intoxication,  and  with, 
out  a  design  to  effect  death,  of  any  poison,  drug  or  me- 

the  first  degree'?    633  What  is  manslaughter  in  the  first  degreel 
What  in  the  second  degree]    Third  degree?    Fourth  degree? 


246  CIVIL  JURISPRUDENCE  OF  THE  u.  s.       Part  V, 

dicine,  which  shall  produce  the  death  of  another;  or  in 
causinsT  death  by  persons  navigating  steam-boats  or  other 
vessels,  through  culpable  negligence  or  ignorance.  Man- 
slaughter in  the  fourth  degree,  is  the  involuntary  killing 
of  another  by  any  Aveapon,  or  by  means  neither  cruel  nor 
unusual,  in  the  heat  of  passion.  Manslaughter  in  the 
first  degree  is  punishable  by  imprisonment  in  the  state 
prison,  for  a  term  not  less  than  seven  years;  in  the  sec- 
ond degree,  not  less  than  four,  nor  more  than  seven  years; 
in  the  third  degree,  not  less  than  two,  nor  more  than  four 
years;  in  the  fourth  degree,  two  years,  or  in  a  county 
jail,  not  more  than  one  year,  or  by  fine  not  exceeding 
one  thousand  dollars,  or  both. 

633.  Homicide  is  the  taking  of  a  person's  life,  and  in- 
cludes the  crime  of  murder.  Homicide  is  also  excusable, 
or  justifiable.  Excusable  homicide  is  the  killing  of  a  per- 
son by  accident,  or  while  lawfully  employed,  without  the 
intention  of  doing  wrong.  Jusiifiablc  homicide  is  putting 
one  to  death  in  pursuance  of  a  legal  sentence;  or  in  de- 
fending one's  person,  or  property,  or  in  defending  the 
person  of  another.  In  these  cases,  no  punishment  is  in- 
flicted. 

634.  Any  person  who  shall  mcmn  another,  from  pre- 
meditated design,  by  cutting  out  or  disabling  the  tongue, 
or  any  other  member  or  limb  of  any  person;  or  who  shall 
inveigle  or  kidnap  another,  or  shall  be  accessory  to  any 
kidnapping;  or  who  shall  sell  kidnapped  blacks;  or  who 
shall  decov  and  take  away  children  ;  or  who  shall  expose 
children  in  the  street  or  highway  to  abandon  them;  or 
who  shall  commit  or  attempt  an  assault  with  intent  to  kill, 
or  to  commit  any  other  felony,  or  in  resisting  the  execu- 
tion of  a  legal  process;  or  who  shall  administer  poison 
virhereof  death  shall  not  ensue;  or  Vvho  shall  poison  any 
spring,  well  or  reservoir  of  water  ;  such  person  shall  be 
liable  to  be  imprisoned  in  the  state  prison  for  a  term  not 
exceeding  ten  years  ;  or  to  be  imprisoned  in  the  county 
;ail  and   fined. 

How  is  manslaughter  punishable?  633.  What  is  homicide?  When 
Is  it  excusable  and  justifiable?  034.  What  other  offences  ag^ainst 
the  person  are  here  mentioned?     How  punished?     635.  What  \i 


Chap.    VIII        CRIMES    AND    PUNISHMENT.  247 

635.  Arwn  in  the  second  degree,  is  the  burning  of, 
and  setting  fire  to,  an  inhabited  dwelling  house  in  the 
day  time;  or  setting  fire  to,  in  the  night  time,  any  siiop, 
warehouse,  or  other  building,  endangering  an  inhabited 
dwelling.  Arson  in  the  third  and  fourth  degrees  consists 
in  the  burning  of  buildings  other  than  dwellings,  and  oth- 
er property  of  various  kinds.  Arson  in  these  several  de- 
grees, is  punishable  by  imprisonment,  for  terms  varying 
from  two  to  ten  years. 

636.  Bibrglani,  in  the  first  degree,  is  the  breaking  into 
and  entering,  a  dwelling,  "'in  the  nighttime,  with  intent 
to  comm.it  some  felony.  The  same  act,  when  perpetrat- 
ed in  the  day  time,  or  under  such  circumstances  as  shall 
not  constitute  burglary  in  the  first  degree,  is  burglary  in 
the  second  or  third  degree.  The  crime  of  burglary,  in 
the  several  degrees,  is  punishable  by  imprisonment  in  the 
slate  prison  for  t'ferms,  the  first  degree,  not  less  than  ten 
years,  the  second,  not  more  than  ten,  nor  less  than  five 
years,  and  the  third,  not  more  than  five  years. 

637.  Forgery  consists  in  falsely  making,  counterfeit- 
ing, or  altering  any  instrument  of  writing  with  intent  to 
defraud  or  wrong  any  person.  There  are  various  degrees 
of  forgery;  and  they  are  punishable  in  the  same  mnner, 
and  to  the  same  extent,  as  burglary.  Counterfeit ijig  is  a 
term  used  to  signify  the  forging  of  false  coins,  or  false  bank 
bills,  or  the  fraudulent  altering  of  true  ones.  This  crime 
consists,  not  only  in  the  actual  making  or  passing  of  such 
false  coins  or  bills,  but  also  in  having  in  possession  any 
engraved  plate,  or  bills  unsigned,  which  are  intended  to 
be  used  for  such  purposes. 

638.  Robber]/  is  the  taking  of  property  from  one's  per- 
son by  violence,  or  threats  of  violence,  and  by  putting 
the  person  in  fear  of  his  life,  or  of  grievous  injury.  Rob- 
bery in  the  first  degree,  is  punishableby  imprisonment  not 
less  than  ten  years;  the  second  degree,  not  more  than 
ten  years. 

arson  in  the  second,  third  and  fourlh  degrees?  How  pnnishedt 
63G.  What  is  burglary  in  the  several  degrees?  How  punished? 
637.  What  is  forgery"!  Counterfeiting?  How  punished?  638. 
V  hat  is  robbery  /     How  punished?    639.  What  is  larceny?    How 


248         CIVIL  JURISPRUDENCE  OP  THE  u.  s.       Part  "V, 

63.).  Lirccny  is  the  term  used  to  signify  theft  of  all 
sorts.  If  tile  amount  of  property  taken  exceed  twenty-five 
dollars,  the  crima  is  called  grani  larceny;  if  the  amount 
be  twenty-live  dollars  or  under,  it  is  adjudged  to  be  petit 
larceny.  The  former  is  punishable  by  imprisonment  in 
a  state  prison  for  a  term  not  exceeding  five  years;  the 
latter,  by  imprisonment  in  a  county  jail,  not  longer  than 
six  months,  or  by  fine  not  exceeding  one  hundred  dollars, 
or  both. 

640.  jEffiic:;r/i«^  is  the  converting,  by  any  person,  to 
his  own  use,  of  property  entrusted  to  him  by  another,  and 
is  punishable  in  the  same  manner  as  the  stealing  of  prop- 
erty of  like  value. 

641.  Perjury  is  wilfully  swearing  or  aflirming  falsely 
to  any  material  matter,  upon  any  oath,  legally  adminis- 
tered. If  committed  on  the  trial  of  any  indictment  for  a 
capital  ofTence,  or  for  any  other  felony,  it  is  punishable  by 
imprisouinent  not  less  than  ten  years;  committed  on  any 
other  judicial  trial  or  inquiry,  not  exceeding  ten  years. 
Subornation  of  perjury  is  the  procuring  of  another  to 
swear  falsely,  and  is  punishable  in  the  same  manner,  and 
to  the  same  extent,  as  perjnry. 

642.  Bribery  is  the  offering  to  any  person  in  the  ad- 
ministration of  justice,  any  reward,  to  influence  his  vote, 
opinion  or  judgment  on  any  question;  and  is  punishable 
by  imprisonment  in  a  state  prison  for  a  term  not  exceed- 
ing ten  years,  or  fine  not  exceeding  five  hundred  dollars, 
or  both.  Any  person  accepting  such  bribe,  shall  be  pun- 
ished in  like  manner,  and  shall  forfeit  his  office,  and  bo 
forever  disqualified  from  holding  any  public  trust  or  ap- 
pointment. 

643.  Dwelling  is  the  fighting  with  a  deadly  Aveapon, 
in  single  comibat  with  another.  Any  person  killing  anoth- 
er in  a  duel,  is  subjc^ct  to  th^  punishment  of  death.  If 
death  does  not  ensue,  the  offence  is  punishable  by  impris- 
onment in  a  state  prison  for  a  term  not  exceeding  ten 
years.     Challenging,  or  accepting  a  challenge,  to  fight, 

punishable?  640.  What  is  emb?zzling  ?  611.  What  isperjnryT 
What  is  subornation  of  perjury?  How  punishable?  6'42.  What 
ik  bribery?     Hawpuaishable?     Gt3.  What  is  dueling?  How  pua- 


Chap.    VIII,  CRIMES    AND    PUNISHMENT.  249 

or  to  be  present  as  a  second,  is  punishable  by  imprison- 
ment not  exceeding;  seven  years. 

644.  Ojfenccs  punishable  hi/  Imprisonment  in  a,  Count}/ 
Jail,  anil  by  Fines.  Among  these  are  the  following:  Petit 
larceny;  attempting  to  e.vtort,  by  threats,  any  property  or 
pecuniary  benefit;  fraudulent  conveying  or  concealing  pro- 
perty to  defraud  creditors;  conspiracies  by  two  or  more  per- 
sons with  intent  to  commit  an  oftence;  imprisoning  or  ar- 
resting another  without  legal  authority,  or  under  a  false 
pretence;  receiving  a  reward  to  conceal  a  misdemeanor; 
voting  at  an  election  more  than  once  ;  maliciously  killing 
or  wounding  animals  tliat  belong  to  another,  or  cruelly 
beating  animals, whether  his  owm  or  those  of  another;  wil- 
fully opening  or  reading  sealed  letter?  addressed  to  anoth- 
er, except  in  cases  punishable  by  the  laws  of  the  United 
States;  removing  or  deflicing  any  monument,  mile  stone 
or  guide  board.  These,  besides  many  other  oflences  not 
here  enumerated,  are  punishable  by  fine  or  imprisonment 
in  the  county  jail,  or  both.  And  any  person  having  been 
convicted  of  petit  larceny,  or  an  attempt  to  commit  an  of- 
fence, which,  if  perpetrated,  would  be  punishable  by  im- 
prisonment in  a  state  prison,  shall,  for  a  second  offence, 
be  imprisoned  in  such  prison. 

645.  Arrest  and  Exajninalinn  of  Offenders.  Any  judge, 
or  justice  of  any  court  in  the  state,  has  power  to  issue  pro- 
cess for  the  apprehension  of  persons  charged  with  an  of- 
fence. When  a  complaint  is  made  to  such  magistrate,  he 
ex'amines  the  comnlainant  on  oath,  and  any  witnesses  that 
maybe  produced;  and  if  it  appears  that  an  offence  has 
been  committed,  he  issues  a  w^arrant,  recitingthe  accusa- 
tion, and  commanding  the  officer  to  whom  it  is  directed, 
to  bring  the  accused  before  such  magistrate.  The  magis- 
trate first  examines  the  complainant  and  witness  in  support 
of  the  prosecution :  he  next  examines  the  prisoner,  who 
is  not  on  oath,  and  then  his  W'itnes.>^es.  The  evidence  is 
reduced  to  writing  by  the  magistrate,  and  signed  by  tha 


ishable?  014.  What  offences  are  punishable  by  imprisonment  in  a 
county  jail  and  by  fines'?  6i.5.  What  judicial  officers  may  issue 
processes  for  apprehendinfj  criminals?  Hew  are  the  arrest,  ex* 
aminaiion  and  trial,  ol  offenders  conducted? 


250  CIVIL  JURISPRUDENCE  OF  THH  u.  s.     Part  V- 

witnesses.  If  it  shall  appear  that  an  offence  has  been  com- 
mitted, the  raagistratebinds  by  recognizance  the  prosecutor 
and  all  material  witnesses,  to  appear  and  testify  against 
the  prisoner  at  the  next  court  having  cognizance  of  the  of- 
fence, and  at  which  the  prisoner  may  be  indicted.  If  the 
offence  be  one  which  may  be  tried  by  a  court  of  special 
sessions,  of  three  justices  of  the  peace,  he  may  be  forth- 
with tri(;d  by  such  court,  if  he  choose  to  be  so  tried;  but  if 
not,  and  if  the  offence  be  bailable,  the  magistrate  may  take 
bail  for  the  prisoner's  appearance  at  the  next  court  hav- 
ing cognizance  of  the  offence.  If  no  bail  be  offered,  or  the 
ofience  be  not  bailable,  the  prisoner  is  committed  to  jail. 
But  in  all  cases  to  be  tried  at  such  court,  the  prisoner  shall 
first  be  mdicted  by  a  grand  jury. 


APPENDIX. 


DECLARATION  OF  INDEPENDENCE. 

In  Congrkss,  July  4,   1776. 

The    TJNANIMOUS    DECLARATION    OF    THE    THIRTEEN 
UNITED    STATES    OF    AMERICA. 

When,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political  bands 
which  have  connected  them  with  another,  and  to  assume, 
among  the  powers  of  the  earth,  the  separate  and  equal 
station  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind 
requires  that  they  should  declare  the  causes  which  impel 
them  lo  the  separation. 

We  hold  these  truths  to  be  self  evident:  that  all  men 
are  created  equal,  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights  ;  that  among  these  are  life, 
liberty,  and  the  pursuit  of  happiness.  That  to  secure 
these  rights,  governments  are  instituted  among  men,  deri- 
ving their  just  powers  from  the  consent  of  the  governed; 
that  whenever  any  form  of  government  becomes  destruc- 
tive of  these  ends,  it  is  the  right  of  the  people  to  alter  or 
to  abolish  it,  and  to  institute  a  new  gov^ernment,  laying  its 
foundation  on  such  principles,  and  organizing  its  powers 
in  such  form,  as  to  them  shall  seem  most  likely  to  effect 
their  safety  and  happiness.  Prudence,  indeed,  will  dic- 
tate, that  governments  long  established  should  not  be 
changed  for  light  and  transient  causes;  and  accordingly 
all  experience  hath  shown,  that  mankind  are  more  dis- 
posed to  suffer  while  evils  are  sufferable,  than  to  right 
themselves  by  abolishing  the  forms  to  v.-hich  they  are  ac- 
customed.    But  when  a  long  train  of  abuses  and  usurpa- 


Z52  DECLARATTON 

tions,  pursuing  invariably  the  same  ohject,  evinces  a  de- 
sign to  reduce  them  under  absolute  despotism,  it  is  their 
right,  it  is  their  duty,  to  throw  off  such  government,  and 
to  provide  new  guards  for  their  future  security.  Such 
has  been  the  patient  sufferance  of  these  colonies;  and  such 
is  now  the  necessity  which  constrains  them  to  alter  their 
former  systems  of  government.  The  liistory  of  the  pres- 
ent king  of  Great  Britain  is  a  history  of  repeated  injuries 
and  usurpations,  all  having  in  direct  object  the  establish- 
ment of  an  absolute  tyranny  over  these  states.  To  prove 
this,   let  facts  be  submitted  to  a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  hi.s  governors  to  pass  laws  of  imme- 
diate and  pressing  importance,  unless  suspended  in  their 
operation,  till  his  assent  should  be  obtained;  and  when 
so  suspended,  he  has  utterly  neglected  to  attend  to  them. 
He  has  refused  to  pass  other  laws  for  the  accommodation 
of  large  districts  of  people,  unless  those  people  would  re- 
linquish the  right  of  representation  in  the  legislature — 
a  right  inestimable  to  them,  and  formidable  to  tyrants 
onl\ . 

He  has  called  together  leq-islative  bodies  at  places  unu- 
sual, uncomfortable,  and  distant  from  the  depository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing 
them  into  compliance  with  his  measures. 

He  has  dissolved  representative  hou-ses  repeatedly,  for 
opposing,  with  manly  firmness,  his  invasions  on  the  rights 
of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions, 
to  cause  others  to  be  elected  ;  whereby  the  legislative  pow- 
ers incapable  of  annihilation,  have  returned  to  the  peo- 
ple at  large,  for  their  exercise,  the  state  remaining,  in  the 
mean  time;  exposed  to  all  the  dangers  of  invasion  from 
without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
states;  for  that  purpose  obstructing  the  laws  for  natural- 
ization of  foreigners  ;  refusingto  pass  others  to  encourage 
their  migration  hither,  and  raising  the  condition  of  new 
appropriations  of  lands. 


OF    INDEPENDENCE.  253 

He  has  obstructed  the  administration  of  justice,  by  re- 
fusing his  assent  to  laws  for  establishing  judiciary  pow- 
ers. 

He  has  made  judges  dependent  on  his  will  alone,  for 
the  tenure  of  their  oilkes,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hith- 
er swarms  of  officers,  to  harass  our  people,  and  eat  out 
their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  ar- 
mies, without-the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of, 
and  superioMo,  the  civil  power. 

He  has  con)bined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws,  giving  his  assent  to  their  acts  of  pretended 
legislation: 

For  quartering  large  bodies  of  armed  troops  among  us : 

For  protecting  them,  by  a  mock  trial,  from  punish- 
ment for  any  murders  which  they  should  commit  on  the 
inhabitants  of  these  states  : 

For  cutting  off  our  trade  with  all  parts  of  the  world: 

For  imposing  taxes  on  us  without  our  consent: 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial 
byjuTy: 

For  transporting  us  beyond  seas  to  be  tried  for  pretend- 
ed offences : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  ren- 
der it  at  once  an  example  and  fit  instrument  for  introduc- 
ing the  sarne  absolute  rule  into  these  colonies; 

For  taking  away  our  charters,  abolishing  our  most 
valuable  laws,  and  altering,  fundamentally,  the  forms  of 
our  governments: 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out 
of  kis  protection,  and  waging  war  against  us. 


254  DECLARATION 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
*ur  towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desolation 
and  tyranny,  already  begun  with  circumstances  of  cruel- 
ty and  perfidy,  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on 
the  high  seas,  to  bear  arms  against  their  country,  to  be- 
come the  executioners  of  their  friends  and  brethren,  or  to 
fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us,  and 
has  endeavored  to  brine  on  the  inhabitants  of  our  frontiers 
the  merciless  Indian  savages,  whose  known  rule  of  war- 
fare is  an  undistinguished  destruction  of  all  ages,  sexes 
and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned 
for  redress  in  the  most  humble  terms :  our  repeated  peti- 
tions have  been  answered  only  by  repeated  injury.  A 
prince,  whose  character  is  thus  marked  by  every  act 
which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them,  from  time  to  time,  of 
attempts  by  their  legislature  Jo  extend  an  unwarrantable 
jurisdiction  over  us.  We  have  reminded  them  of  the  cir- 
cumstances of  our  emigration  and  settlement  here.  We 
have  appealed  to  their  native  justice  and  magnanimity,  and 
we  have  conjured  them  by  the  ties  of  our  common  kindred 
to  disavow  these  usurpations,  which  would  inevitably  in- 
terrupt our  connexions  and  correspondence.  They,  too, 
have  been  deaf  to  the  voice  of  justice  and  consanguinity. 
We  must,  therefore,  acquiesce  in  the  necessity  which  de- 
nounces our  separation,  and  hold  them,  as  we  hold  the 
rest  ol  mankind — enemies  in  war,  in  peace  friends. 

We,  therefore,  the  representatives  of  the  United  States 
of  America,  in  general  congress  assembled,  appealing  to 
the  Supreme  Judge  of  the  world,  for  the  rectitude  of  our 
intentions,  do,  in  the  name,  and  by  the  authority,  of  the 
good  people  of  these  colonies,  solemnly  publish  and  declare, 


OF    INDEPENDENCE.  255 

(hat  these  united  colonies  are,  and  of  right  ought  to  be,  free 
and  independent  states;  that  they  are  absolved  from  all  alle- 
giance to  the  British  crown,  and  that  all  political  connex- 
ion between  them  and  the  state  of  Great  Britain  is,  and 
ought  to  be,  totally  dissolved;  and  that,  as  free  and  in- 
dependent states,  they  have  full  power  to  levy  war,  con- 
clude peace,  contract  alliances,  establish  commerce,  and  do 
all  other  acts  and  things  which  independent  states  may  of 
right  do.  And  for  the  support  of  the  declaration,  with  a 
firm  reliance  on  the  protection  of  Divine  Providence,  we 
mutually  pledge  to  each  other  our  lives,  our  fortunes, 
and  our  sacred  honor. 

JOHN  HANCOCK, 
President  of  Congress,  and 

Delegate  from  Massachusetts. 

Neto  Hampshire.  Josiah  Bartlett,  William  Whipple, 
Matthew  Thornton. 

Massachusetts  Bay.  Samuel  Adams,  Jolin  Adams, 
Robert  Treat  Paine,  Elbridge  Gerry. 

Rhode  Island,  ^c.  Stephen  Hopkins,  William  El- 
lery. 

Connecticut.  Roger  Sherman,  Samuel  Huntington, 
William  Williams,   Oliver  Wilcott. 

New  York.  William  Floyd,  Philip  Livingston,  Fran- 
cis Lewis,  Lewis  Morris. 

New  Jersey.  Richard  Stockton,  John  Witherspoon, 
Francis  Hopkinson,  John  Hart,  Abraham  Clark. 

Pcmisylvania.  Robert  Morris,  Benjamin  Rush,  Ben- 
jamin Franklin,  John  Morton,  George  Clymer,  James 
Smith,  George  Taylor,  James  Wilson,  George  Ross. 

Delaioare.  Cssar  Rodney,  George  Read,  Thomas 
M'Kean. 

Maryland.  Samuel  Chase,  William  Paca,  Thomas 
Stone,  Charles  Carroll,  of  Carrollton. 

Virginia.  George  Wythe,  Richard  Henry  Lee. 
Thomas  Jefferson,  Benjamin  Harrison,  Thomas  Nel- 
son, Jr.  Francis  Lightfoot  Lee,   Carter  Braxton. 

North  Carolina.  William  Hooper,  Joseph  Hewes, 
John  Penn. 


256  CONSTITUTION    OF 

South  Carolina.     Edward   Rutledo;e,  Thomas    Hey- 
ward,  Jr.  Arthur  Middleton. 

Georgia.     Button  Gwinnett,   Lyman  Hall,    George 
Walton. 

Attest,  Charles  Thompson,  Secretary. 


CONSTITUTION  OF  THE  UNITED  STATES. 

Tte  Constitution  framed  for  the  United  States  of  America,  by 
a  convention  of  deputies  from  ihe  states  of  Now  Hampshire, 
Massachusetts,  Connecticut,  New  York.  New  Jersey,  Penn- 
6ylvania,Uelavv.ire,  Maryland,  Virginia,  North  CaroHna, South 
Carolina,  and  Georgia,  at  a  session  begun  May  25,  and  end- 
ed September  17,  1787. 

We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  L 

Section  I.  All  legislative  powers  herein  granted  shall 
be  vested  in  a  congress  of  the  United  States,  which  shall 
consist  of  a  senate  and  house  of  representatives. 

Sec.  2.  The  house  of  representatives  shall  be  com- 
posed of  members  chosen  every  second  year,  by  the  peo- 
ple of  the  several  states;  and  the  electors  in  each  state  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabhant  of  the  state  in  which  he 
shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within 


THE    UNITED    STATES.  257 

the  Union,  according-  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  nafhber  of 
free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three  fifths 
of  all  other  persons.  The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the  con- 
gress of  the  United  States,  and  within  every  subsequent  term 
often  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  state  shall  have  at  least 
one  representative  ;  and  until  such  enumeration  shall  be 
made,  the  state  of  New  Hampshire  shall  be  entitled  to 
choose  three;  Massachusetts  eigh/;  Rhode  Island  and 
Providence  Plantations  o?te,-  Connecticut  ,y??;e;  New  York 
six;  New  Jersey  four;  Pennsylvania  eight;  Delaware 
one;  Maryland  six;  Virginia  ten;  North  Carolina 
five;  South  Carolina  7i"(;e;  Georgia  three. 

When  vacancies  happen  in  the  representation  from  any 
state,  the  executive  authority  thereof  shall  issue  writs  ol 
election  to  fill  such  vacancies. 

The  house  of  representatives  shall  choose  their  speaker 
and  other  ofi?icers,  and  shall  have  the  sole  power  of  im- 
peachment. 

Sec.  3.  The  senate  of  the  United  States  shall  be  com- 
posed of  two  senators  from  each  state,  chosen  by  the  leg- 
islature therof,  for  six  years;  and  each  senator  shall  have 
one  vote. 

Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided,  as  equal- 
ly as  may  be,  into  three  classes.  The  seats  of  the  sena- 
tors of  the  first  class  shall  be  vacated  at  the  expiration  of 
the  second  year;  of  the  second  class  at  the  expiration  of 
the  fourth  year;  and  of  the  third  class  at  the  expiration  of 
the  sixth  year;  so  that  one  third  may  be  chosen  every  sec- 
oridyear;  and  if  vacancies  happen,  by  resignation,  or  other- 
wise, during  the  recess  of  the  legislature  of  any  state,  the 
executive  thereof  may  make  temporary  appointments,  un- 
til the  next  meeting  of  the  legislature,  which  shall  then 
fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attain- 
S 


258  CONSTITUTION    OF 

cd  to  the  age  of  thirty  years,  and  been  nine  years  a  citizen 
of  the  United  States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 
The  vice  president  of  the  United  States  shall  be  presi- 
dent of  the  senate,  but  shall  have  no  vote,  unless  thty  be 
equally  divided. 

The  senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore,  in  the  absence  of  the  vice  presi- 
dent, or  when  he  shall  exercise  the  office  of  president  of 
the  United  States. 

The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments :  when  sitting  for  that  purpose,  they  shall  be  on 
oath  or  aflirmation.  When  the  president  of  the  United 
States  is  tried,  the  chief  justice  sliall  preside;  and  no  per- 
son shall  be  convicted  without  tiu^  ((M-Kurrence  of  t\X'o 
thirds  of  the  members  present. 

Judgment,  in  cases  of  impeachru,  i:i,  v.iiall  not  extend 
further  than  to  removal  from  bffice,  and  disqivalificatioa 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit,  un- 
der the  United  States  ;  but  the  party  convicted  5hall,''nev- 
ert'heless,  be  liable  and  subject  to  indictm:  ',  '  '  '  iudg- 
rnent  and  punishment,  according  to  law. 

Sec.  4.  The  times,  places  and  manner  olholdivig  elec- 
tions for  senators  and  representatives,  shall  be  prescribed 
in  each  state  by  the  legislature  thereof;  but  the  congv-s 
may  at  any  time,  by  law,  make  or  alter  such  regulatiou: . 
except  as  to  the  places  of  choosing  senators.      •  ». 

The  congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless.they  shall,  bylaw,  appoint  a  difierent 
day. 

Sec.  5.  Each  house  shall  be  the  judge  of  the  elcctionr 
returns  and  qualifications  of  its  oun  members  ;  rmd  a  rn: 
jority  ofeach  shall  constitute  a  quorum  to  do  business;  bui 
a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  membeT^ 
in  such  manner,  and  under  such  penalties,  as  each  hou:- 
may  provide. 

Each  house  may  determine  the  tules  of  its  proceedings. 


THE    UNITED    STATES.  259 

punish  its  members  for  disorderly  behavior,    and,  witJi 
the  concurrence  of  two  thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts 
as  may,  in  their  judgment,  require  secrecy  ;  and  the  yeas 
and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one  fifth  of  those  present,  be  enter- 
on  the  journal. 

Neither  house,  during  the  session  of  congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

Sec.  6.  The  senators  and  representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall,  in  all  cases,  except  treason,  felony,  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  houses,  and  in  going  to  or 
returning  from  the  same :  and  for  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other 
place. 

No  senator  or  representative  shall,  during  the  time  for 
,  hicii  he  was  elected,  be  appointed  to  any  civil  office  un- 
der the  authority  of  the  United  States,  Avhich  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been 
increased,  during  such  time ;  and  no  person  holding  any 
office  under  the  United  States,  shall  be  a  member  of  ei- 
ther house  during  his  continuance  in  office. 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in 
the  house  of  representatives;  but  the  senate  may  propose, 
or  concur  with,  amendments,  as  pn  other  bills. 

Every  bill  w^hich  shall  have  passed  the  house  of  rcpre- 
.cntatives  and  the  senate,  shall,  before  it  become  a  law, 
be  presented  to  the  president  of  the  United  States :  if  he 
'•nprove,  he  shall  sign  it;  but  if  not,  he  shall  return  it, 
i!h  his  objections,  to  that  house  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  sueh  re- 
consideration, two  thirds  of  the  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objections,  to 


260  CONSTITUTION    OF 

the  other  house,  by  which  it  shall  likewise  be  reconsider- 
ed, and,  if  approved  by  two-thirds  of  that  house,  it  shall 
become  a  law.  But,  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  president  whhin  ten 
days  (Sundays  excepted)  after  it  shall  have  been  present- 
ed to  him,  the  same  shall  be  a  law,  in  like  manner  as  if 
he  had  signed  it,  unless  the  congress,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a 
law. 

Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  the  senate  and  house  of  representatives  may  be 
necessary  (except  on  a  question  of  adjournment)  shall  be 
presented  to  the  president  of  the  United  States,  and  be- 
fore the  same  shall  take  effect,  shall  be  approved  by  him, 
or,  being  disapproved  by  him,  shall  be  passed  by  two 
thirds  of  the  senate  and  house  of  representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of 
a  bill. 

Sec.  8.  Congress  shall  have  power — 
To  lay  and  collect  taxes,  duties,  imposts  and  excises, 
to  pay  the  debts  and  provide  for  the  common  defence  and 
general  welfare  <if  the  United  States ;  but  all  duties,  im- 
posts and  excises  slvall  be  uniform  throughout  the  United 
States : 

To  borrow  money  on  the  credit  of  the  United  States : 
To  regulate  commerce  with  foreign  nations,  and  among 
the  several  states,  and  with  the  Indian  tribes : 

To  establish  a  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
United  Slates: 

To  coin  money ;  to  regulate  the  value  thereof,  and  of 
foreign  coin  ;  and  fix  the  standard  of  weights  and  meas- 
ures: 

To  provide  for  the  punishment  of  counterfeiting  the  »e- 
curities  and  current  coin  of  the  United  States : 
To  establish  post  offices  and  post  roads : 
To  promote  the  progress  of  science  and  useful  arts,  by 


THE    UNITED    STATES.  261 

securing,  tor  limited  times,  to  authors  and  inventors,  the 
exclusive  right  to  their  respective  writings  and  discove- 
ries: 

To  constitute  tribunals  inferior  to  the  supreme  court: 

To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  ihe  law  of  nations  : 

To  declare  n-ar  ;  grant  letters  of  marque  and  repri- 
sal; and  make  rules  concerning  captures  on  land  and 
water : 

To  raise  and  support  armies;  but  no  appropriation  of 
money  to  that  use  shall  he  for  a  longer  term  than  two 
years: 

To  provide  and  maintain  a  navy: 

To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces: 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions : 

To  provide  for  organizing,  arming  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States  ;  reserv- 
ing to  the  states  respectively,  the  appointment  of  the  offi- 
cers, and  the  authority  of  training  the  militia,  according 
to  the  discipline  prescribed  by  congress  : 

To  exercise  exclusive  legislation  in  all  cases  whatso- 
ever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  bv  cession  of  particular  states,  and  the  aecept- 
ance  of  congress,  become  the  seat  of  government  of  the 
United  States,  and  to  exercise  like  authority  over  all  pla- 
ces purchased,  bjr  the  consent  of  the  legislature  of  the 
state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock  3'ards,  and  other  needful  build- 
ings •     And, 

To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  constitution  in  the  government 
of  the  United  States,  or  in  any  department  or  officer  there- 
of 

Sec.  9.  The  migration  or  importation  of  such  persons 
as  any  of  the  states  now  existing  shall  think  proper  to 


262  CONSTITUTION    OF 

admit,  shall  not  be  prohibited  by  the  congress  prior  to 
the  year  one  thousand  eight  hundred  and  eight ;  but  a  tax 
or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  pass- 
ed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  herein  before 
directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  form 
any  state.  No  preference  shall  be  given,  by  any  regula- 
tion of  commerce  or  revenue,  to  the  ports  of  one  state 
over  those  of  another  ;  nor  shall  vessels  bound  to  or  from 
one  state  be  obliged  to  enter,  clear,  or  pay  duties  in  an- 
other. 

No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law:  and  a  regu- 
lar statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to 
time. 

No  title  of  nobility  shall  be  granted  by  the  United  States; 
and  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  congress,  accept  of 
any  present,  emolument,  office,  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  forein^n  state. 

Sec.  10.  No  state  shall  enter  into  any  treaty,  alliance 
or  confederation;  grant  letters  of  marque  and  reprisal; 
coin  money ;  emit  bills  of  credit ;  make  any  thing  but 
gold  and  silver  coin  a  tender  in  payment  of  debts;  pass 
any  bill  of  attainder,  ex  post  facto  law,  or  law  impair- 
ing the  obligation  of  contracts  ;  or  grant  any  title  of  no- 
bility. 

No  state  shall,  without  the  consent  of  the  congress,  lay 
any  imposts,  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  nett  produce  of  all  duties  and  imposts  laid 
by  any  state  on  imports  or  exports,  shall  be  for  the  use 


THE    UNITED    STATES. 


263 


of  the  treasurj^  of  the  United  States ;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  con- 
gress. No  state  shall,  without  the  consent  of  congress, 
lay  any  duty  of  tonnage,  keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact  with 
another  state,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE  II. 

Section  1.  The  executive  power  shall  be  vested  in  a 
president  of  the  United  Slates  of  America.  He  shall  hold 
his  office  during  the  term  of  four  years,  and,  together 
with  the  vice  president,  chosen  for  the  same  term,  be 
elected  as  follows: 

Each  state  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to 
the  whole  number  of  senators  and  representatives  to  which 
the  state  may  be  entitled  in  the  congress ;  but  no  senator  or 
representative,  or  person  holding  an  office  of  trust  or  pro- 
fit under  the  United  States,  shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  two  persons,  of  whom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  state  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  votei  for, 
and  of  the  number  of  votes  for  each,  which  list  tliey  shall 
sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  gov- 
ernment of  the  United  States,  directed  to  the  president  ot 
the  senate.  The  president  of  the  senate  shall,  in  the 
presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall  be 
the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed ;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an  equal  number 
of  votes,  then  the  house  of  representatives  shall  immedi- 
ately choose  by  ballot  one  of  them  for  president;  and  it 
no  person  have  a  majority,  then,  from  the  five  highest  on 
the  list,  the  said  house  shall,  in  like  manner,  choose  the 
president.     But,  in  choosing  the  president,  the  votes  shall 


264  CONSTITUTION    OF 

be  taken  by  slates,  the  representation  from  each  state  har- 
ing  one  vote:  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice. 
In  every  case,  after  the  choice  of  the  president,  the  person 
having  the  greatest  number  of  votes  of  the  electors,  shall 
be  the  vice  president.  But  if  there  should  remain  two  or 
]nore  who  have  equal  votes,  the  senate  shall  choose  from 
them,  by  ballot,  the  vice  president. 

[By  the  12th  article  of  amendment,  the  above  clause 
has  been  repealed.] 

The  congress  ma}-  determine  the  time  of  choosing  the 
electors,  and  the  day  on  v/hich  they  shall  give  theii  votes, 
which  day  shall  be  the  same  throughout  the  United 
States. 

No  person,  except  a  natural  born  citizen;  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  be  eligible  to  the  office  of  president :  nei- 
ther shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty  five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  pow- 
ers and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  vic^  president,  and  the  congress  may,  by  law, 
provide  for  the  ca^e  of  removal,  death,  resignation,  or 
inability,' both  of  the  president  and  vice  president,  declar- 
ing what  officer  shall  then  act  as  president ;  and  such  of- 
ficer shall  act  accordingly,  until  the  disability  be  remov- 
ed, or  a  president  shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected ;  and  he  shall  not  receive,  within  that  period, 
any  other  emolument  from  the  United  States,  or  any  of 
them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  president  of  the  United  States;  and 


THE    UNITEP    STATES.  265 

will,  to  the  best  of  my  ability,  preserve,  protect,  and  de- 
fend the  constitution  of  the  United  States." 

Sec.  2.  The  president  shall  be  commander-in-chief  of 
the  army  and  navy  of  the  United  States,  and  of  the  mili- 
tia of  the  several  states,  Avhen  called  into  the  actual  serv- 
ice of  the  United  States;  he  may  require  the  opinion,  in 
Avriting,  of  the  principal  officer  in  each  of  the  executive 
departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices ;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  senate,  to  make  treaties,  provided  two  thirds 
of  the  senators  present  concur:  and  he  shall  nominate, 
and  by  and  with  the  advice  and  consent  of  the  senate, shall 
appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  supreme  court,  and  all  other  officers  of  the. 
United  States,  whose  appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  law: 
but  the  congress  may,  by  law,  vest  the  appointment  of 
such  infej-ior  ofhcers  as  they  think  proper,  in  the  president 
alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments. 

The  president  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their^.^ 
next  session. 

Sec.  3.  He  shall  from  time  to  time  give  to  the  congress 
information  of  the  state  of  the  union;  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  ne- 
Jc'essary  and  expedient.  He  may,  on  extraordinary  oc- 
casions, convene  both  houses,  or  either  of  them  ;  and,  in 
case  of  disagreement  between  them,  Avith  respect  to  the 
time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper.  He  shall  receive  ambassadors 
and  other  puclic  ministers.  He  shall  take  care  that  the 
laws  be  faithfully  executed;  and  shall  commission  all  the 
officers  of  the  United  States. 

Sec.  4.  The  president,  vice  president,  and  all  civil  of- 
ficers of  the  United  States,  shall  be  removed  from  office 


266  CONSTITUTION    OF 

on  impeachment  tor,  and  conviction  of,  treason,  bribery, 
or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

Section  1.  Thejudicialpower  of  the  United  States  shall 
be  vested  in  one  supreme  court,  and  in  such  inferior 
courts  as  the  congress  may,  from  time  to  time,  ordain 
and  establish.  The  judges  both  of  the  supreme  and  in- 
ferior courts,  shall  hold  their  offices  during  good  behav- 
ior; and  shall,  at  stated  times,  receive  for  their  services 
a  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases 
in  law  and  equity,  arising  under  this  constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority;  to  all  cases  affect- 
ing ambassadors,  other  public  ministers,  and  consuls;  to 
all  cases  of  admiralty  and  maritime  jurisdiction;  to  con- 
troversies to  which  the  United  States  shall  be  a  party,  to 
controversies  between  two  or  more  states,  between  a  state 
and  citizens  of  another  state,  between  citizens  of  difTerent 
states,  beaveen  citizens  of  the  same  state  claiming  lands 
under  gra.nts  of  different  states,  and  between  a  state,  or 
the  citizens  thereof  and  foreign  states,  citizens  or  subjects. 
In  all  cases  affecting  ambassabors,  other  public  minis- 
ters and  consuls,  and  those  in  which  a  state  shall  be  a 
party,  the  supreme  court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  supreme 
court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions,  and  under  such  regulations,  as 
the  congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury  ;  and  such  trial  shall  be  held  in  the  state 
where  the  said  crimes  shall  have  been  committed;  but 
when  not  committed  within  any  state,  the  trial  shall  be  at 
such  place  or  places  as  the  congress  may  by  law  have 
directed. 

Sec.  3.  Treason  against  the  United  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering-  to 
their  enemies,  giving  them  aid  and  comfort.     No  person 


THE    XJNITED    STATES.  267 

shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  Avitnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

The  congress  shall  have  power  to  declare  the  punish- 
ment of  treason ;  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 

ARTICLE  IV. 

Section  1.  Full  faith  and  credit  shall  be  given,  in 
each  state,  to  the  public  acts,  records,  and  judicial  pro- 
ceedings of  everjr  other  state.  And  the  congress  may, 
by  general  laws,  prescribe  the  manner  in  which  such 
acts,  records  and  proceedings  shall  be  proved,  and  the 
effect  thereof 

Sec.  2.  The  citizens  of  each  state  shall  be  entitled  to 
all  the  privileges  and  immunities  of  citizens  in  the  sever- 
al states. 

A  person  charged  in  any  state  with  treason,  felony,  or 
other  crinae,  who  shall  flee  from  justice,  and  be  found  in 
another  state,  shall,  on  demand  of  the  executive  authori- 
ty of  the  state  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  state  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  state,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  ax)j  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor;  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Sec.  3.  New  states  may  be  admitted  by  the  congress 
into  this  union  ;  but  no  new  state  shall  be  formed  or  erect- 
ed within  the  jurisdiction  of  any  other  state,  nor  any  state 
be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislatures  of  the  states 
concerned,  as  well  as  of  the  congress. 

The  congress  shall  have  power  to  dispose  of,  and  make 
all  needful  rules  and  regulations  respecting  the  territory 
or  other  property  belonging  to  the  United  Slates  ;  and  no- 
thing in  this  constitution  shall  be  so  construed  as  to  pre- 
judice any  claims  of  the  United  States,  or  of  any  partic- 
ular state. 


268  CONSTITUTION    OF 

Skc.  4.  The  United  States  shall  guaranty  to  every 
state  in  this  union,  a  republican  fornn  of  government; 
and  shall  protect  each  of  them  against  invasion,  and  on 
application  of  the  legislature,  or  of  the  executive  (when 
the  legislature  cannot  be  convened)  against  domestic  vio- 
lence. 

ARTICLE  V. 

The  congress,  whenever  two  thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  con- 
stitution, or  on  the  application  of  the  legislatures  of  two 
thirds  of  the  several  states,  shall  call  a  convention  for 
proposing  amendments;  which,  in  either  case,  shall  be. 
valid  to  all  intents  and  purposes,  as  part  of  this  constitu- 
tion, when  ratified  by  the  legislatures  of  three  fourths  of 
the  several  states,  or  by  conventions  in  three  fourths  there- 
of, as  the  one  or  the  other  mode  of  ratification  may  be  pro- 
posed by  the  congress:  Provided,  that  no  amendment 
which  may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  shall  in  any  manner  afl^ect  the  first 
and  fourth  clauses  in  the  ninth  section  of  the  first  article  ; 
and  that  no  state,  without  its  consent,  shall  be  deprived 
of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI. 

All  debts  contracted,  and  engagements  entered  into,  be- 
fore the  adoption  of  this  constitution,  shall  be  as  valid  a- 
gainst  the  United  States,  under  this  constitution,  as  un- 
der the  confederation. 

This  constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land,  and 
the  judges  in  every  state  shall  be  bound  thereby,  any  thing 
in  the  constitution  or  laws  of  any  state  to  the  contrary 
notwithstanding. 

The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all  ex- 
ecutive and  judicial  officers,  both  of  the  LTnited  States  and 
of  the  several  states,  shall  be  bound,  by  oath  or  affirma- 
tion, to  support  this  constitution;  but  no  religious  test 


THK    UNINTED    STATES.  ^69 

?.hall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 

ARTICLE    VII. 

The  ratification  of  the  conventions  of  nine  states  shall 
be  sufficient  for  the  establishment  of  this  constitution  be- 
tween the  states  so  ratifying  the  same. 

Done  in  convention,by  the  unanimous  consent  ©f  the  states 
present,  the  seventeenth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  seven  himdred  and  eighty- 
seven,  and  of  the  Independence  of  the  United  States  of 
America,  the  twelfth.  In  witness  whereof  we  have  sub- 
scribed our  names. 

GE0RC4E  WASHINGTON, 
President,  and  delegate  from  Virginia. 
New  Hampshire.     John  Langdon,  Nicholas  Oilman. 
Massachusetts.     Nathaniel  Gorham,  Rufus  King. 
Connecticut.     Wm.  Samuel  Johnson,  Roger  Sherman. 
New  York.     Alexander  Hamilton. 
New  Jersey.     William  Livingston,  William  Paterson, 
David  Brearly,  Jonathan  Dayton. 

Pennsylvania,  Benjamin  Franklin,  Robert  Morris, 
Thomas  Fitzsimons,  James  Wilson,  Thomas  Mifflin, 
George  Clymer,  Jared  Ingersoll,  Gouverneur  Morris. 

Delaware.  George  Read,  Gunning  Bedford,  jun. 
John  Dickinson,  Richard  Bassett,  Jacob  Broom. 

Maryland.  James  M'Henry,  Daniel  of  St.  The.  Jen- 
ifer, Daniel  Carroll. 

Virginia.     John  Blair,  James  Madison,  jun. 
North  Carolina.     William   Blount,    Richard    Dobba 
Spaight,  Hugh  Williamson. 

South  Carolina.     John  Rutledge,  Charles  Pinckney, 
Pierce  Butler,  Cha's  Cotesworth  Pinckney. 
Georgia.     William  Few,  Abraham  Baldwin. 

Attest,     William  Jackson,  Secretary. 


270  CONSTITUTION  OV 


AMENDMENTS. 

Article  I.  Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of  speech  or  the  press  ; 
or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

Art.  II.  A  well  regulated  militia  being  necessary  to 
the  security  of  a  free  state,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

Art.  III.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  bous^  wirhout  the  consent  cf  the  owner,  nor 
in  time  of  vyai'.  i-'tit  in  a  manner  to  be  prescribed  by  law. 

Art.  IV.  'fhe  right  cf  the  people  to  be  secure  in  their 
persons,  holises,  papers  and  ettects,  against  unreasonable 
iearches  and  syio'urcs.  shall  not  be  violated  ;  and  no  war- 
rant shell  issue,  but  upon  probable  cause,  suppoijed  by 
oath  or  aiFirmktioh,  ntnd  particularly  describing  the  place 
to  be  searchcsl  v.'iiie  persons  or  things  to  be  seized. 

Art.  V.  K;.  j  i-son  shall  beheld  to  answer  for  a  cap- 
ital or  other  iafaaious  crime,  unless  on  a  presentment  or 
indictment  cf  a  o;rand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia  Avhen  in  actual  ser- 
vice, in  time  of  war  or  public  danger;  nor  shall  any  per- 
son be  subject,  for  the  same  oficnce,  to  be  twice  put  in 
jeopardy  of  life  or  linib;  nor  shall  be  compelled,  in  any 
criminal  case,  to  be  witness  against  himself;  nor  be  depri- 
ved of  life,  liberty,  or  property,  without  due  process  of 
law;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation. 

Art.  VI.  In  all  criminal  prosecutions,  the  accused 
shall  enjoy  the  right  to  a  speedy  a:id  public  trial,  by  an 
impartial  jury  of  the  state  and  district  wherein  the  crime 
shall  have  been  committed,  which  distri«t  shall  have  been 
previously  ascertained  by  law;  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation  ;  to  be  confronted  with 
the  witnesses  against  him ;  to  liave  compul-^ory  process 
for  obtaining  witnesses  in  his  favor  ;  and  to  have  the  as- 
sistance of  counsel  for  his  defence. 


THE  tJNlTE©  STATKSr  271 

Art.  VII.  In  saits  at  law,  where  the  vahie  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  ju- 
ry shall  be  preserved  ;  and  no  fact  tried  by  a  jury,  shall 
be  otherwise  re-examined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 

Art.  VIII.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual  punish- 
ments inilicted. 

Art.  IX.  The  enumeration  in  the  constitution  of  cer- 
tain rights,  ehall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

Arx.  X.  The  powers  not  delegated  to  the  United 
States  by  the  constitution,  nor  prohibited  by  it  to  the 
states,  are  reserved  to  the  states  respective! J^  or  to  the 
people. 

Art.  XI.  The  judicial  power  of  the  United  States 
shall  not  be  consirued  to  extend  to  any  suit,  in  law  or 
cquityj  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  state,  or  by-  citizens 
or  subjects  of  any  forsign  state.      ..  * 

Art.  XII.  The  electors  shall  meet  iii- th»ir  lespcctiv- 
states,  and  vote,  by  ballot,  f6r  president  and  ->?ice  presi- 
dent, one  of  Vv-hom,  at  least,  shall  not  be  an  inhabitant  of 
tiie  same  state  with  themselves :  they  shall  name  in  their 
ballots  the  person  voted  for  as  piesident,  and  in  distinct 
ballots  the  person  voted  for  as  vice  president ;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent, and  of  all  persons  voted  for  as  vice  president,  and 
of  the  number  of  votes  for  each  ;  which  lists  they  shall 
sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  gov- 
ernment of  the  United  States,  directed  to  the  president  of 
the  senate:  the  president  of  the  senate  shall,  in  the  pres- 
ence of  the  senate  and  house  of  representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted;  t^ 
person  having  the  greatest  number  of  votes  for  president 
shall  be  the  president,  if  such  number  be  a  majoiitji,  of 
of  the  whole  number  of  electors  appointed ;  and  if  bo  ' 
person  have  such  majority,  then,  from  the  persons  pav- 
ing jhe  highest  numbers,  not  exceeding  three,  on  the'list 
of  those  voted  for  as  presidg^it,  the  house  of  repr<^nte- 


272  CONSTITUTION    OF    THE 

tives  shall  choose  immediately,  by  ballot,  the  president. 
But,  in  choosing  the  president,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
vote:  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two  thirds  of  the  states,  and  a  ma- 
jority of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a  pres- 
ident, whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following, 
then  the  vice  president  shall  act  as  president,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the 
president. 

The  person  having  the  greatest  number  of  votes  as 
vice  president,  shall  be  the  vice  president,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  a  majority,  then,  from  the  two  high- 
est numbers  on  the  list,  the  senate  shall  choose  the  vice 
president :  a  quorum  for  the  purpose  shall  consist  of  two 
thirds  of  the  whole  number  of  senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office 
of  president,  shall  be  eligible  to  that  of  vice  president  of 
«he  United  States. 


STATE    OF    NEW    VORK.  273 


CONSTITUTION  OF  THE  STATE  OF  NEW  YORK. 

We,  the  people  of  the  state  of  New  York,  acknowl- 
edging with  gratitude  the  grace  and  beneficence  of  God, 
in  permitting  Ms  to  make  choice  of  our  form  of  govern- 
jTiL'nt,    do  ch-lablish  this  constitution. 

ARTICLE  I. 

Section  1.  The  legislative  power  of  this  state  shall 
he  vested  in  a  senate  and  assembly. 

Sec.  2.  The  senate  shall  consist  of  thirty-two  mem- 
bers. The  senators  shall  be  chosen  for  four  years,  and 
shall  b6  freeholders.  .  The  assembly  shall  consist  of  one 
hundred  and  twenty  eight  members,  who  shall  be  annu- 
ally elected. 

Skc.  3.  A  majority  of  eaek  house  shall  constTtute  a 
quorum  to  do  business.  Each  house  shall  determine  the 
rules  of  its  own  proceedings,  and  be  tlie  judge  of  the 
qualifications  of  its  own  members.  P^ach  hovise  shall 
choose  its  own  officers;  and  the  senate  shall  choose  a 
temporary  president,  when  the  lieutenant  governor  shall 
not  attend  as  president,  or  shall  not  act  as  governor. 

Skc.  4.  Each  house  shall  keep  a  journal  of  its  procee- 
dings, and  publish  the  same,  except  such  parts  as  may 
require  secrecy.  The  doors  of  each  house  shall  be  kept 
open,  except  '.vhen  the  public  \ve]  fa  re  shall  require  secrecy. 
Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  tv/o  days. 

Sec.  5.  The  state  shall  be  divided  into  eight  districts, 
each  of  which  shall  choose  four  senators. 

The  first  district  shall  consist  of  the  counties  of  Suf- 
folk,  Q,ueens,  Kings,  Richmond  and  New  York. 

The  second  district  shall  consist  of  the  counties  of  West- 
chester, Putnam,  Dutchess,  Rockland,  Orange,  Ulster 
and  Sullivan. 

The  third  district  shall  consist  of  the  counties  of  Greene, 
Columbia,  Albany,  Rensselaer,  Schoharie  and  Schenec- 
tady. 

The  fourth  district  shall  consist  of  the  counties  of  Sa- 
T 


274  CONSTITUTION    OY 

ratoga,  Montofomery,  Hamilton,  Washington,    Warren, 
Clinton,  Essex,  Franklin  and  St.  Lawrence. 

The  fifth  district  shall  consist,  of  the  counties  of  Her- 
kimer, Oneida,  Madison,  Oswego,   Lewis  and  Jefferson. 

Tlie  sixth  district  shall  consist  of  the  counties  of  Dela- 
ware, Otsego,  Chenango,  Broome.,  Cortland,  Tompkina 
and  Tioga. 

The  seventh  district  shall  con.sist  of  the  counties  of  On- 
ondaga, Cayuga,  Seneca  and  Onlario.  [Waytie  and  Yates 
since  erected.] 

The  eighth  district  shall  consist  oflhe  counties  of  Steuben, 
Livingston,  Monroe,  Genesee,  Niagara,  Erie,  Allegany, 
Cattaraugus  and  Chautauque.     [Orleans  since  erected.] 

And  as  soon  EcS  the  senate  shall  meet,  after  the  first 
election  to  be  held  in  pursuance  of  this  constitution,  they 
shall  cause  the  senators  to  be  divided  by  lot,  into  four 
classes,  of  eight  in  each,  so  that  every  district  shall  have 
one  senator  of  each  class:  the  classes  to  be  numbered, 
one,  two,  three  and  four.  And  the  seats  of  the  first  class 
shall  be  vacated  at  the  end  of  the  first  year;  of  the 
second  class,  at  the  end  of  the  second  year;  of  the  third 
class,  at  the  end  of  the  third  year;  of  the  fourth  class,  at 
the  end  of  the  fourth  year ;  in  order  that  one  senator  be 
annually  elected  iu  eacli  senate  district. 

Ssc.  6.  An  enumeration  of  the  inhabitants  of  the  state 
shall  be  taken,  under  the  direction  of  the  legislature,  in 
the  year  one  thousand  eight  hundred  and  twenty-five, 
and  at  the  end  of  every  ten  years  thereafter  ;  and  the  said 
districts  shall  be  so  altered  by  the  legislature,  at  the  first 
session  after  the  return  of  every  enumeration,  that  each 
senate  district  shall  contain,  as  nearly  as  may  be,  an  equal 
number  of  inhabitants,  excluding'  aliens,  paupers,  and 
persons  of  color  not  taxed,  and  shall  remain  unaltered 
until  the  return  of  another  enumeration,  and  shall  at  all 
times  consist  of  contiguous  territory;  andno  coaiity  shall 
be  divided  in  tl't*  formation  of  a  senate  district. 

Sec.  7.  The  members  of  the  assembly  shall  be  chosen 
by  counties,  and  shall  be  a])portioned  among  the  several 
counties  of  the  state,  as  nearly  as  may  be,  according  to 
the  numbers  cf  their  respective   inhabitants,   excluding 


THl  STATB  OF  NEW  YORK.  278 

aliens,  paupers,  and  persons  of  color  not  taxed.     An  ap- 

f)ortionment  of  members  of  assembly  shall  be  made  by  the 
egislature,  at  its  first  session  after  the  return  of  every 
enumeration;  and,  when  made,  shall  remain  unaltered 
until  another  enumeration  shall  have  been  taken.  But  an 
apportionment  of  members  of  the  assembly  shall  be  made 
by  the  present  legislature  according  to  the  last  enumera- 
tion, taken  under  authority  of  the  United  States,  as  near- 
ly as  may  be.  Every  county  heretofore  established,  and 
separately  organized,  shall  always  be  entitled  to  one  mem- 
ber of  assembly,  and  no  new  county  shall  hereafter  be 
erected  unless  its  population  shall  entitle  it  to  a  member. 

Sec.  8.  Any  bill  may  originate  in  either  house  of  the 
legislature;  and  all  bills  passed  by  one  house  may  be 
amended  by  the  other. 

Sec.  9.  The  members  of  the  legislature  shall  receive 
for  their  services,  a  compensation  to  be  ascertained  by 
law,  and  paid  out  of  the  public  treasury;  but  no  increase 
of  the  compensation  shall  take  effect  during  the  year  in 
which  it  shall  have  been  made.  And  no  law  shall  be 
passed,  increasing  the  compensation  of  the  members  of 
the  legislature  beyond  the  sum  of  three  dollars  a  day. 

Sec.  10.  No  member  of  the  legislature  shall  receive  any 
civil  appointment  from  the  governor  and  senate,  or  from  the 
legislature,  du'ring  the  term  for  which  he  shall  have  beeu 
elected. 

Sec.  11.  No  person  being  a  member  of  congress,  or 
holding  any  judicial  or  military  office  under  the  United 
States,  shall  hold  a  seat  in  the  legislature.  And  if  any 
person  shall,  while  a  member  of  the  legislature,  be  elect- 
ed to  congress,  or  appointed  to  any  ofHce,  civil  or  mili- 
tary, under  the  government  of  the  United  States,  hw 
acceptance  thereof  shall  vacate  his  seat. 

Sec.  12.  Every  bill  which  shall  have  passed  the  sen- 
ate and  assembly,  shall,  before  it  become  a  law,  be  pre- 
sented to  the  governor.  If  he  approve,  he  shall  sign 
it;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
that  house  in  which  it  shall  have  originated  ;  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed 
10  reconsider  it.     If  after  such  reconsideration,  two  thirds 


276  CONSTITDTION  Or 

of  the  members   present  shall  agree  to  pass  the   bill,  it 

shall  be  sent,  together  with  the  objections,  to  the  otlier 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  the  members  present,  it  shall 
become  a  law.  But  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays;  and  the 
names  of  the  persons  voting  for  and  against  the  bill,  shall 
be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented 
lo  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it, unless  the  legislature  shall,  by  their  adjournment, 
prevent  its  return  ;  in  which  case  it  shall  not  be  a  law. 

Sec.  13.  All  officer.*  holding  their  offices  during  good 
behavior,  may  be  removed  by  joint  resolution  of  the  two 
houses  of  the  legislature,  if  two  thirds  of  all  the  members 
elected  to  the  assembly,  and  a  majority  of  all  the  members 
elected  to  the  senate,  concur  therein. 

Sec.  14.  The  political  year  shall  begin  on  the  first  day 
of  January,  and  the  legislature  shall  every  year  assem- 
ble on  the  first  Tuesday  of  January,  unless  a  different  day 
shall  be  appointed  by  law. 

Sec.  15.  The  next  election  tor  governor,  lieutenant 
governor,  senators  and  members  of  assembly,  shall  com- 
mence on  the  first  Monday  of  November,  one  thousand 
eight  hundred  and  twentj'^-two ;  and  all  subsequent  elec- 
tions shall  be  held  at  such  time,  in  the  inonth  of  October 
or  November,  as  the  legislature  shall  by  law  provide. 

Sec.  1G.  The  governor,  lieutenant  governor,  senators, 
and  members  of  assembly,  first  elected  under  this  consti- 
tution, shall  enter  on  the  duties  of  their  respective  offices, 
o«  the  first  day  of  January,  one  thousand  eight  hundred 
and  twenty-three ;  and  the  governor,  lieutenant  govern- 
or, senators  and  members  of  assembly,  now  in  office, 
shall  continue  to  hold  the  same  until  the  first  day  of  Jan- 
uary, one  thousand  eight  hundred  and  twenty-three,  and 
no  longer. 

ARTICLE  II. 

Sec.  1.  Every  male  citizen  of  the  age  of  twenty-one 
years,  who  shall  have  been  an  inhabitant  of  this  state  one 


THE  STATE  OF  NEW  YORK,  277 

year  prececding  anj^  election,  and  for  the  last  six  months 
a  resident  of  the  town  or  county  where  he  may  ofler  his 
vote;  and  shall  have,  within  the  year  next  preceding  the 
election,  paid  a  tax  to  the  state  or  county,  assessed  upon 
his  real  or  personal  property ;  or  shall  by  law  be  exempt- 
ed from  taxation;  or  being  armed  and  equipped  according 
to  law,  shall  have  performed,  Avithin  that  year,  military 
duty  in  the  militia  of  this  state;  or  who  shall  be  exempted 
from  performing  military  duty  in  consequence  of  being  a 
ti reman  in  any  city,  town  or  village,  in  this  state :  and 
also  every  male  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been,  for  three  years  next  preceding 
such  election  an  inhabitant  of  this  state;  and  for  the  last 
year,  a  resident  in  the  town  or  county  where  he  may  of- 
fer his  vote ;  and  shall  l>ave  been,  wathin  the  last  year, 
assessed  to  labor  on  the  public  highways,  and  shall  have 
performed  the  labor,  or  paid  an  equivalent  therefor,  ac- 
cording to  law ;  shall  be  entitled  to  vote  in  the  town  or 
ward  where  he  actually  resides,  and  not  elsewhere,  for 
all  officers  that  now  are,  or  hereafter  may  be.  elective 
by  the  people.  But  no  man  of  color,  unless  he  shall  have 
been  for  three  years  a  citizen  of  this  state,  and  for  one  year 
next  preceding  any  election,  shall  be  seized  and  possess- 
ed of  a  freehold  estate  of  the  value  of  tvv'o  hundred  and 
fifty  dollars,  over  and  above  all  debts  and  incumbrances 
thereon  ;  and  shall  have  been  actually  rated,  and  paid  a 
tax  thereon,  shall  be  entitled  to  vote  at  any  such  election. 
And  no  person  of  color  shall  be  subject  to  direct  taxation, 
unless  he  shall  be  seized  and  possessed  of  such  real  es- 
tate as  aforesaid. 

Src.  2.  Laws  may  be  passed,  excluding  from  the  right 
of  suffrage,  persons  who  have  been  or  may  be  convicted 
of  infamous  crimes. 

Sec.  o.  Laws  shall  be  made  for  ascertaining  by  pro- 
per proofs,  the  citizens  v.  ho  shall  be  entitled  to  the  right 
of  suffrage  hereb}''  established. 

Sec.  4.  All  elections  by  the  citizens  shall  be  by  ballot, 
except  for  such  town  ofhcers  as  may  by  law  be  directed 
kj  be  otherwise  chosen. 


275  CONSTITtTTlON  OF 

ARTICLE   III. 

Sec.  1.  The  executive  power  shall  be  vested  in  a 
governor.  He  shall  hold  his  office  for  two  years  ;  and  a 
lieutenant  governor  shall  be  chosen  at  the  same  time,  and 
for  the  same  term. 

Sbc.  2.  No  person  except  a  native  citizen  of  the  Uni- 
ted States,  shall  be  eligible  to  the  office  of  governor.;  nor 
shall  any  person  be  eligible  to  that  office,  Avho  shall  not 
be  1  freeholder,  and  shall  not  have  attained  the  age  of 
thirty  years,  and  have  been  five  years  a  resident  within 
this  state;  unless  he  shall  have  been  absent  during  that 
time  on  public  business  of  the  United  States,  or  of  this 
state. 

Sec.  3.  The  governor  and  lieutenant  governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the 
legislature.  The  persons  respectively  having  the  high- 
est number  of  votes  for  governor  and  lieutenant  governor, 
shall  be  elected ;  but  in  case  two  or  more  shall  have  an 
equal  and  the  highest  number  of  votes  for  governor  or  for 
lieutenant  governor,  the  two  houses  of  the  legislature  shall, 
by  joint  ballot,  choose  one  of  the  said  persons  so  having- 
an  equal  and  the  highest  number  of  votes  for  governor  or 
lieutenant  governor. 

Sec.  4.  The  governor  shall  be  general  and  command- 
er-in-chief of  the  militia,  and  admiral  of  the  navy  of  the 
state.  He  shall  have  power  to  convene  the  legislature, 
(or  senate  only,)  on  extraordinary  occasions.  He  shall 
communicate  by  message  to  the  legislature  at  every  ses- 
sion, the  condition  of  the  state  ;  and  recommend  such  mat- 
ters to  them  as  he  shall  judge  expedient.  He  shall  trans- 
act all  necessary  business  with  the  officers  of  government, 
oivil  and  military.  He  shall  expedite  all  such  measures 
as  may  be  resolved  upon  by  the  legislature,  and  take  care 
that  the  laws  are  faithfully  executed.  He  shall,  at  stated 
times,  receive  for  his  services  a  compensation,  which 
shall  neither  be  increased  nor  diminished  during  the  term 
for  which  he  shall  have  been  elected. 

Sec.  5.  The  governor  shall  have  power  to  grant  rc>- 
prieves  and  pardons  after  conviction  for  all  offences,  ex- 
cept treason   and   impeachment.     Upon  convictions  for 


THE  STATE  OF  NEW  YORK.  270 

treason,  he  shall  have  power  to  suspend  the  execution  of 
the  sentence,  until  the  case  shall  be  reported  to  the  legis- 
lature at  its  next  meeting ;  when  the  legislature  shall  ei- 
ther pardon  or  direct  the  execution  of  the  criminal,  or 
gTSLUt  a  further  reprieve. 

Sec.  6.  In  case  of  the  impeachment  of  the  governor,  or 
his  removal  from  ofhce,  death,  resignation,  or  absence 
from  the  state,  the  powers  and  duties  of  the  office  shall 
devolve  upon  the  lieutenant  governor  for  the  residue  of 
the  term,  or  until  the  governor,  absent  or  impeached,  shall 
return  or  be  acquitted.  But  when  the  governor  shall, 
with  the  consent  of  the  legislature,  be  out  of  the  state  in 
time  of  war,  at  the  head  of  the  military  force  thereof,  he 
shall  continue  commander-in-chief  of  the  military  force  of 
the  state. 

Sec.  7.  The  lieutenant  governor  shall  be  president  of 
the  senate,  but  shall  have  only  a  casting  vote  therein.  If, 
during  a  vacancy  of  the  office  of  governor,  the  lieutenant 
governor  shall  be  impeached,  displaced,  resign,  die,  or  be 
absent  from  the  state,  the  president  of  the  senate  shall  act 
as  governor,  until  the  vacancy  shall  be  filled,  or  the  disa- 
bility shall  cease. 

ARTICLE  IV. 

Sec.  I.  Militia  officers  shall  be  chosen  or  appointed  aa 
follows:  captains,  subalterns,  and  non-commissioned  offi- 
cers, shall  be  chosfn  by  the  written  votes  of  the  members 
■of  their  respective  companies.  Field  officers  of  regi- 
ments and  separate  battalions,  by  the  written  votes  of  tha 
commissioned  officers  of  the  respective  regiments  and  sep-  * 
arate  baUalions.  iVlajor  generals,  brigadier  generals,  and 
commanding  officers  of  regiments  or  separate  batta!io)is, 
shall  appoint  the  staiT  officers  of  their  respective  divisions, 
brigades,  regiments  or  separate  battalions. 

Sec.  2.  The  governor  shall  nominate,  and  -with  the 
consent  of  the  senate,  appoint,  all  major  generals,  brigade 
inspectors,  and  chief  of  the  staff  departments,  except  the 
adjutant  general  and  commissary  general ;  the  adjutant 
general  shall  be  appointed  by  the  governor. 

Siic.  3.  The  legislature  shall,  by  law,  direct  the  time 


230  CONSTITTJTfON  OF 

and  manner  of  electing  militia  officers,  and  of  certifying^ 
their  election  to  the  governor. 

Sec.  4.  The  commissioned  officers  of  the  militia  shall 
be  commissioned  by  the  governor;  and  no  commissioned 
officer  shall  be  removed  from  office,  nnless  by  the  senate., 
on  the  recommendation  of  the  governor,  stating  the  grounds 
on  which  such  removal  is  recommended,  or  by  the  decis- 
ion of  the  court  roartiai  pursuant  to  law.  The  present 
officers  of  the  militia  shall  hold  their  commissions,  sub- 
ject to  removal  as  before  provided. 

Sec.  5.  In  case  the  mode  of  election  and  appointment 
of  militia  officers  hereby  directed,  shall  not'be  found  con- 
ducive to  the  improvenient  of  the  militia,  the  legislature 
may  abolish  the  same,  and  provide  by  law  for  their  ap- 
pointment and  removal,  if  two  thirds  of  the  members  pres- 
ent in  each  house  shall  concur  therein. 

Sec.  6.  The  secretary  of  state,  comptroller,  treasurer, 
attorney  general,  surveyor  general,  and  commissary  gen- 
eral, shall  be  appointed  as  follows:  The  senate  and  as- 
sembly shall  each  openly  nominate  one  person  for  the  said 
offices  respectively  ;  after  which,  they  shall  meet  together, 
and  if  they  agree  in  their  nominations,  the  person  so  nom- 
inated shall  be  appointed  to  the  office  for  which  he  sliall 
bs  nominated.  If  they  shall  disaorec,  the  appointment 
shall  be  made  by  the  joint  ballot  of  the  senators  and  mem- 
bars  of  assemblj:.  The  treasurer  sli'all  be  chosen  annual- 
ly. The  secretary  of  state,  comptroller,  attorney  general, 
survej-or  general, and  commis.'^ary  general, shall  hold  ihcir 
offices  for  three  years,  unless  sooner  removed  by  concur- 
•  rent  resolution  of  the  senate  and  assembly. 

Sec.  7.  The  governor  shall  nominate,  by  message  or 
writing,  and  with  the  consent  of  the  senate,  shall  appoint, 
all  judicial  officers,  except  justices  of  the  peace,  who  shall 
be  appointed  in  manner  following,  that  is  to  say:  The 
board  of  supervisors  in  every  county  in  this  state,  shall 
at  such  time  as  the  legislature  may  direct,  meet  together  ; 
and  they,  or  a  majority  of 'hem  so  assembled,  shall  nom- 
inate so  many  persons  as  shall  be  equal  to  the  number  of 
justices  of  the  peace  to  be  appointed  in  the  several  town* 
in  their  respective  counties.     And  the  judges  of  the    rii»- 


THE  STATE  OF   NEW  YORK.  2SI 

pective  county  courts,  or  a  majority  of  them,  shall  also 
meet  and  nominate  a  like  number  of  persons  ;  and  it  shall 
be  the  duty  of  the  said  board  of  supervisors,  and  judges  of 
county  courts,  to  compare  such  nominations,  at  such  time 
and  place  as  the  legislature  may  direct;  and  if,  on  such 
comparison,  the  said  boards  of  supervisors  and  judges  of 
county  courts  shall  agree  in  their  nominations,  in  all,  or 
in  part,  they  shall  file  a  certificate  of  the  nominations  ia 
which  they  shall  agree,  in  the  oitice  of  the  clerk  of  the 
county  ;  and  the  person  or  persons  named  in  such  certifi- 
cates, shall  be  justices  of  the  peace;  and  in  case  of  the  dis- 
agreement in  the  whole,  or  in  part,  it  shall  be  the  farther 
duty  of  the  said  boards  of  supervisors  and  judges  respec- 
tively, to  transmit  their  said  nominations,  so  far  as  they 
disagree  in  the  same,  to  the  governor,  who  shall  select 
from  the  said  nominations,  and  appoint  so  many  justices 
of  the  peace  as  shall  be  requisite  , to  fill  the  vacancies. — 
Every  person  appointed  a  justice  of  the  peace,  shall  hold 
his  oftice  for  four  years,  unless  removed  b}''  the  county 
court,  for  causes  particularly  assigned  by  the  judges  of 
the  said  courts;  and  no  justice  of  the  peace  shall  be  remo- 
ved, until  he  shall  have  notice  of  the  charges  made  against 
him,  and  an  opportunity  of  being  heard  in  his  defence. 

Sec.  8.  Sheriffs  and  clerks  of  counties,  including  the 
register  and  clerk  of  the  city  and  county  of  New  York, 
shall  be  chosen  by  the  electors  of  the  respective  counties, 
once  in  every  three  years,  and  as  often  as  vacancies  shalJ 
happen.  Sheriffs  shall  hold  no  other  ofiice,  and  be  ineli- 
gible for  the  next  three  years  after  the  termination  of  their 
offices.  They  may  be  required  by  law  to  renew  their  se- 
curitjr,  from  time  to  time  ;  and  in  default  of  giving  such 
new  security,  their  ofnces  shall  be  deemed  vacant.  But 
the  county  shall  never  be  made  r'esponsible  for  the  acts  of 
the  sherifl';  and  the  governor  may  remove  any  such  sher- 
iff! clerk  or  register,  at  any  time  within  the  three  years 
for  which  he  shall  be  elected,  giving  to  such  sheriff]  clerk 
or  register,  a  copy  of  the  charges  against  him,  and  an  op- 
portunity of  being  heard  in  his  defence,  before  any  remo- 
val shall  be  made. 

Sec.  9.  The  clerks  of  courts,  except  these  clerks  whose 


282  CONSTITUTION  OF 

appointment  is  provided  for  in  the  preceding  section,  shall 
be  appointed  by  the  courts  of  which  they  respectively  are 
clerks;  and  district  attorneys  by  the  county  courts. — 
Clerks  of  courts,  and  district  attorneys,  shall  hold  their 
offices  for  three  years,  unless  sooner  removed  by  the  courts 
appointing  them. 

Sec.  10.  The  mayors  of  all  the  cities  in  this  state  shall 
be  appointed  annually  by  the  common  councils  of  their 
respective  cities. 

Sec.  11.  So  many  coroners  as  the  legislature  may  di- 
rect, not  exceeding  four  in  each  county,  shall  be  elected 
in  the  same  manner  as  sheriffs,  and  shall  hold  their  offices 
for  the  same  term,  and  be  removable  in  like  manner. 

Sec.  12.  The  governor  shall  nominate,  and,  v/ith  the 
consent  of  the  senate,  appoint,  masters  and  examiners  in 
■chancery;  who  shall  hold  their  offices  for  three  years, 
unless  sooner  removed  by  the  senate,  on  the  recommenda- 
tion of  the  governor.  The  registers  and  assistant  regis- 
ters, shall  be  appointed  by  the  chancellor,  and  hold  their 
offices  daring  his  pleasure. 

Sec.  13.  The  clerk  of  the  court  of  oyer  and  terminer, 
and  general  sessions  of  the  peace,  in  and  for  the  city  and 
county  of  New  York,  shall  be  appointed  by  the  court  of 
general  sessions  of  the  peace  in  said  city,  and  hold  his  of- 
ffice  during  the  pleasure  of  said  court;  and  such  clerks  and 
other  officers  of  courts,  whose  appointment  is  not  herein 
provided  for,  shall  be  appointed  by  the  several  couris ;  or 
by  the  governor,  with  the  consent  of  the  senate,  as  may  be 
directed  by  law. 

Skc.  14.  The  special  justices,  and  the  assistant  justices; 
and  their  clerks,  in  the  city  of  New  York,  shall  be  ap- 
pointed by  the  common  council  of  the  said  city ;  and  shall 
hold  their  offices  for  the  same  term  that  the  justices  of  the 
peace,  in  the  other  counties  of  this  state,  hold  their  offices, 
and  shall  be  removable  in  like  manner. 

Sec.  15.  All  officers  heretofore  elective  by  the  people, 
shall  continue  to  be  elected  ;  and  all  other  officers  whose 
appointment  is  not  provided  for  by  this  constitution,  and  all 
•ilicers   whose  offices  may  be  herealier  created  by   l&w, 


THK  STATE  OT  NEW  YORK.  28S 

ffhall  be  elected  by  the  people,  or  appointed,  as  may  by 
law  be  directed. 

Sec.  16.  Where  the  duration  of  any  office  is  not  pre- 
scribed by  this  constitution,  it  may  be  declared  by  law ; 
and  if  not  so  declared,  such  office  siiallbe  held  durino- the 
pleasure  of  the  authority  making  the  appointment. 

ARTICLE  V. 

Sec.  1.  The  court  for  the  trial  of  impeachments,  and 
the  correction  of  errors,  shall  consist  of  the  president  of 
the  senate,  the  senators?,  the  chancellors,  and  the  justices 
of  the  supreme  court,  or  the  major  part  of  them  ;  but  when 
an  impeachment  shall  be  prosecuted  against  the  chancel- 
lor, or  any  justice  of  the  supreme  court,  the  person  so  im- 
peached shall  be  suspended  from  exercising  his  office,  un- 
til his  acquittal ;  and  when  an  appeal  from  a  decree  in 
chanv:cry  shall  be  heard,  the  chancellor  shall  inform  the 
court  of  the  reasons  for  his  decree,  but  shall  have  no  voice 
in  the  iiiial  sentence;  and  when  a  writ  of  error  shall  be 
brought,  on  a  judgment  of  the  supreme  court,  the  justices 
of  that  court  shall  assign  the  reasons  for  their  judgment, 
but  shall  not  have  a  voice  for  its  affirmance  or  reversal. 

Sec.  2.  The  assembly  shall  have  the  power  of  im- 
peaching all  civil  officers  of  this  state  for  mal  and  corrupt 
conduct  in  office,  and  high  crimes  and  misdemeanors:  but 
a  majority  of  all  the  members  elected  shall  concur  in  an 
impeachment.  Before  the  trial  of  an  impeachment,  the 
members  of  the  court  shall  take  an  oath  "or  al-firmation, 
truly  and  impartially  to  try  and  determine  the  charge  in 
question  according  to  evidence:  and  no  person  shall  be 
convicted,  without  tlie  concurrence  of  two  thirds  of  the 
members  present.  Judgment  in  cases  of  impeachment, 
shall  not  extend  farther  than  the  removal  from  office,  and 
disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust  or  profit,  under  this  state  ;  but  the  party  convicted 
fhall  be  liable  to  indictment  and  punishment,  according 
to  1; 


a  -.v. 


Skc.  3.  The  chancellor  and  justices  of  the  supreme 
eourt,  shall  hold  their  offices  during  good  behavior,  or 
until  they  shall  attain  the  age  of  sixty  years. 


284  CONSTITUTION   OF 

Sec.  4.  The  supreme  court  shall  consist,  of  a  chief 
justice  and  two  justices,  any  of  whom  may  hold  the  court. 

Sec.  5.  The  state  shall  be  divided,  by  law,  into  a  con- 
venient number  of  circuits,  not  less  than  four  nor  exceed- 
ing eight,  subject  to  alteration  by  the  legislature,  from 
time  to  time,  as  the  public  good  may  require;  for  each  of 
which  a  circuit  judge  shall  be  appointed,  in  the  same 
manner,  and  hold  his  office  by  the  same  tenure,  as  the 
justices  of  the  supreme  court:  and  who  shall  possess  the 
powers  of  a  justice  of  the  supreme  court  at  chambers,  and 
in  the  trial  of  issues  joined  in  the  supreme  court,  and  in 
courts  of  oyer  and  terminer  and  jail  delivery.  And  such 
equity  powers  may  be  vested  in  said  circuit  judges,  or  in 
the  county  courts,  or  in  such  other  subordinate  courts,  as 
the  legislature  may  by  law  direct,  subject  to  the  appellate 
jurisdiction  of  the  chancellor. 

Sec.  6.  Judges  of  the  county  courts,  and  recorders  of 
cities,  shall  hold  their  olfices  for  five  years,  but  may  be 
removed  by  the  senate,  on  the  recommendation  of  the  gov- 
ernor, for  causes  to  be  stated  In  such  recommendation. 

Sec  7.  Neither  the  chancellor,  nor  justices  of  the  su- 
preme court,  nor  any  circuit  judge,  shall  hold  any  other 
office  of  public  trust.  All  votes  for  any  elective  office, 
given  by  the  legislature  or  the  people,  for  the  chancellor, 
or  a  justice  of  the  supreme  court,  or  circuit  judge,  during 
his  continuance  in  his  judicial  office,  shall  be  void. 

ARTICLE  VI. 

Sec  1.  Members  of  the  legislature,  and  all  officers,  ex- 
ecutive and  judicial,  except  such  inferior  officers  as  may 
by  law  be  exempted,  shall,  before  they  enter  on  the  duties 
of  their  respective  offices,  take  and  subscribe  the  follow- 
ing oath  or  affirmation : 

"  I  do  solemnly  sweai-,  (or  affirm,  as  the  case  may  be,) 
that  I  will  support  the  constitution  of  the  United  States, 
and  the  constitution  of  the  state  of  Nev.-  York,  and  thai  I 

will  faithfully  discharge  the  duties  of  the  office  of , 

according  to  the  best  of  my  ability.'' 

And  no  other  oath,  declaration  or  test,  shall  be  requir- 
ed as  a  qualification  for  any  office  or  public  trust. 


THE  STATE  OF  NEW  YORK.  285 

ARTICLE  VII. 

Skc.  I.  No  member  of  this  state  shall  be  disfranchised, 
or  deprived  of  any  of  the  rights  or  privileges  secured  to 
any  citizen  thereof,  unless  by  the  law  of  the  land,  or  the 
judgment  of  his  peers. 

Skc.  2.  The  trial  by  jury,  in  all  cases  in  which  it  has 
been  heretofore  used,  shall  remain  inviolate  for  ever;  and 
no  new  court  shall  be  instituted,  but  such  as  shall  proceed 
according  to  the  course  of  the  common  law;  except  such 
courts  of  equity  as  the  legislature  is  herein  authorized  to 
establish. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious 
profession  and  worship,  Avithout  discrimination  or  prefer- 
ence, shall  for  ever  be  allowed  in  this  state,  to  all  man- 
kind ;  but  the  liberty  of  conscience  hereby  secured,  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  with  the  peace  or  safety  of 
this  state. 

Skc.  4.  And  whereas  the  ministers  of  the  gospel  are, 
by  their  profession,  dedicated  to  the  service  of  God,  and 
the  cure  of  souls,  and  ought  not  to  be  diverted  from  the 
great  duties  of  their  functions;  therefore,  no  minister  of 
the  gospel,  or  priest  of  any  denomination  whatsoever, 
shall  at  any  time  hereafter,  under  any  pretence  or  descrip- 
tion whatever,  be  eligible  tn,  or  capable  of  holding,  any 
civil  or  military  office  or  place  within  this  state. 

Sec.  5.  The  militia  of  this  state  shall,  at  all  times 
hereafter,  be  armed  and  disciplined,  and  in  readiness  for 
service:  but  all  such  inhabitants  of  this  state,  of  any  re- 
ligious denomination  whatever,  as  from  scruples  of  con- 
science may  be  averse  to  bearing  arms,  shall  be  excused 
therefrom,  by  paying  to  the  state  an  equivalent  in  money; 
and  the  legislature  shall  provide  by  law  for  the  collection 
of  such  equivalent,  to  be  estimated  according  to  the  ex- 
pense in  time  and  money,  of  an  ordinary  able  bodied  mi- 
litia man. 

Sec.  6.  The  privilege  of  the  writ  of  habeas  corpus  shall 
nnt  be  suspended,  unless  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  its  suspension. 

Skc.  7.   No  person  shall  be  held  to  answer  for  a  capi- 


tW6  CONSTITUTIOM  OF 

tal,  or  other  infamous  crime,  (except  in  cases  of  impeach' 
merit,  and  in  cases  of  the  militia  Avhen  in  actual  service; 
and  the  land  and  naval  forces  in  time  of  war,  or  which 
this  state  may  keep,  with  the  consent  of  congress,  in 
time  of  peace,  and  in  cases  of  petit  larceny,  under  the  re 
g-iUation  of  the  legislature;)  unless  on  presentment,  or  in- 
dictment of  a  grand  jury;  and  in  eveiy  trial  on  impeach- 
ment or  indictment,  the  party  accused  shall  be  allowed 
counsel  as  in  civil  actions.  No  person  shall  be  subject, 
for  the  same  offence,  to  be  twice  put  in  jeopardy  of  life 
or  limb;  nor  shall  he  be  compelled,  in  any  criminal  case, 
to  be  a  witness  against  himself;  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law :  nor 
shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

Sec.  8.  Every  citizen  may  freely  speak,  write  and 
publish  his  sentiments,  on  all  subjects,  being  responsible 
for  the  abuse  of  that  right;  and  no  law  shall  be  passed 
to  restrain  or  abridge  the  liberty  of  speech,  or  of  the  press. 
In  all  prosecutions  or  indictment  for  libels,  the  truth 
maybe  given  in  evidence  to  the  jury :  and  if  it  shall  ap- 
pear to  the  jury,  that  the  matter  charged  as  libellous  is 
true,  and  was  published  with  good  motives,  and  for  ju.sti- 
fiable  ends,  the  party  shall  be  acquitted;  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  fact. 

Sec.  9.  The  assent  of  two  thirds  of  the  members  elect- 
ed to  each  branch  of  the  legislature,  shall  be  requisite  to 
every  bill  appropriating  the  public  moneys  or  property, 
for  local  or  private  purposes,  or  creating,  continuing,  al- 
tering, oT  renewing,  any  body  politic  or  corporate. 

Sec.  10.  The  proceeds  of  all  lands  belonging  to  this 
state,  e:ccept  such  parts  thereof  as  maybe  reserved  or  ap- 
propriated to  public  use,  or  ceded  to  the  United  States, 
which  shall  hereafter  be  sold  or  disposed  of,  together 
with  the  fund  denominated  the  common  school  fund,  shall 
be  and  remain  a  perpetual  fund,  the  interest  of  which 
shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  this  state.  Rates  ol  tiill,  not  less  thau 
those  agreed  to  by  the  canal  commissioners,  and  set  forth 
in  their  report  to  the  legislature  of  the  twelfth  of  March, 


THE  STATE  OF  NEW  YORK,  287 

one  thousand  eight  hundred  and  twenty-one,  shall  be  im- 
posed on,  and  collected  from,  all  parts  of  the  navigable 
communication  between  the  great  western  and  northern 
lakes,  and  the  Atlantic  ocean,  which  now  are,  or  hereafter 
shall  be,  made  and  completed;  and  the  said  tolls,  together 
with  the  duties  on  the  manufacture  of  all  sah,  as  estab- 
lished b}'  the  act  of  the  fifteenth  of  April,  one  thousand 
eight  hundred  and  seventeen;  and  the  duties  on  goods 
sold  at  auction,  excepting  therefrom  the  sum  of  thirty- 
three  thousand  five  hundred  dollars,  otherwise  appropria- 
ted by  the  said  act;  and  the  amount  of  the  revenue  estab- 
lished bytheact  ofthe  legislature  of  the  thirtieth  of  ivlarch, 
one  thousand  eight  hundred  and  twenty,  in  lieu  ofthe  tax 
upon  steam  boat  passengers;  shall  be  and  remain  invio- 
lably appropriated  and  applied  to  the  completion  of  such 
navigable  communications,  and  to  the  payment  ofthe  in- 
terest, and  reimbursement  of  the  capital,  of  the  money 
borrowed,  or  which  hereafter  shall  be  borrowed,  to  make 
and  complete  the  same.  And  neither  the  rates  of  toll 
on  the  said  navigable  communications,  nor  the  duties  on 
the  manuficture  of  salt  aforesaid,  nor  the  duties  on  goods 
sold  at  auction,  as  established  by  the  act  of  the  fifteenth 
of  April,  one  thousand  eight  hundred  and  seventeen  ;  nor 
the  amount  of  the  revenue,  established  by  the  act  of  March 
the  thirtieth,  one  thousand  eight  hundred  and  twenty,  in 
lieu  of  the  tax  upon  steam  boat  passengers  ;  shall  be  re- 
duced or  diverted,  at  any  time,  before  the  full  and  com- 
plete payment  of  the  ]<rincipal  and  interest  ofthe  money 
borrowed,  or  to  be  borrowed,  as  aforesaid.  And  the  le- 
gislature shall  never  sell  or  dispose  of  the  salt  springs 
belonging  to  this  state,  nor  the  lands  contiguous  thereto, 
which  may  be  necessary  or  convenient  for  their  use,  nor 
the  said  navigable  communications  or  any  part  or  section 
thereof;  but  the  same  shall  be  and  remain  the  property  of 
this  state. 

Sec.  11.  No  lottery  shall  hereafier  be  authorized  in 
this  state;  and  the  legislature  shall  pa.'ts  lav^s  to  prevent 
the  sale  of  all  lottery  tickets,  Avithin  this  state,  except  iu 
lotteries  already  provided  for  by  law. 

Sac.  12.  No  purchase  or  contract  for  the  sale  of  lands 


238  CONSTITUTION   OF 

in  this  state,  made  since  the  fourteenth  day  of  October, 
one  thousand  seven  hundi'ed  and  seventy-five,  or  which 
may  hereafter  be  made,  of  or  with  the  Indians  in  this 
state,  shall  be  valid,  unless  under  the  authority  and  con- 
sent of  the  legislature. 

Sec.  13.  Such  parts  of  the  common  law,  and  of  the 
sets  of  the  legislature  of  the  colony  of  New  York,  as 
together  did  form  the  law  of  the  said  colony  on  the  nine- 
teenth day  of  April,  one  thousand  seven  hundred  and  sev- 
enty-tive,  and  the  resohnions  of  the  congress  of  the  said 
colony,  and  of  the  convention  of  the  State  of  New  York, 
in  force  on  the  twentieth  day  of  April,  one  thousand  sev- 
en hundred  and  seventy-seven,  Avhich  have  not  since  ex- 
pired, or  been  repealed,  or  altered;  and  such  acts  of  the 
legislature  of  this  state  as  are  now  in  force,  shall  be  and 
continue  the  law  of  this  state,  subject  to  such  alterations 
»s  the  legislature  shall  make  concerning  the  same.  But 
ail  such  parts  of  the  common  law,  and  such  of  the  said 
acts,  or  parts  thereof,  as  are  repugnant  to  this  constitiUion, 
are  heredy  abrogated. 

Sec.  14.  All  grants  of  land  within  this  state,  made  by 
tlie  kingof  Great  Britain,  or  persons  acting  under  his  au- 
thority', after  the  fourteenth  day  of  October,  one  thousand 
seven  hundred  and  seventy-five,  shall  be  null  and  void; 
but  nothing  contained  in  this  constitution  shall  aflect  any 
grants  of  land  within  this  state,  made  by  the  authority  of 
the  said  king  or  his  predecessors,  or  shall  annul  any  char- 
ters to  bodies  politic  and  corporate,  by  him  or  them  mado 
before  tliat  day;  or  shall  affect  any  such  grants  or  char- 
ters since  made  by  this  state,  or  by  persons  acting  under 
its  authority;  or  shall  impair  the  obligations  of  any  debts 
contracted  by  the  state,  or  individuals,  or  bodies  corporate, 
or  any  other  rights  of  property,  or  any  suits,  actions, 
rights  of  action,  or  other  proceedings,  in  courts  of  justice. 

ARTICLE  Vni. 

Sec.  1.  Any  amendment  or  amendments  to  this  consti- 
tution, maybe  proposed  in  the  senate  or  assembly  ;  and  if 
the  .>ame  shall  be  agreed  to  by  a  majority  of  the  members 
elected  to  each  of  the  two  houses, such  proposed  amend- 


THE  STATE  OF  NEV.'  YORK.  25^' 

ment  or  amendments  shall  be  entered  on  the  journals,with 
the  yeas  and  nays  taken  thereon,  and  referred  to  the  le- 
gislature next  to  be  chosen,  and  shall  be  published  for 
three  months  previous  to  the  time  of  making  such  choice  ; 
and,  if  in  the  legislature  next  chosen  as  aforesaid,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  b}- 
two  thirds  of  all  the  members  elected  to  each  house,  then 
it  shall  be  the  duty  of  the  legislature  to  submit  such  pro- 
posed amendment  or  amendments  to  the  people,  in  such 
manner  and  at  such  time  as  the  legislature  shall  prescribe  ; 
and  if  the  people  shall  approve  and  ratify  such  amend- 
metit  or  amendments,  by  a  majority  of  the  electors  qualifi- 
ed to  vote  for  members  of  the  legislature  voting  thereon, 
such  amendment  or  amendments  shall  become  part  of  the 
constitution. 

ARTICLE  IX. 
Stc.  ].  This  constitution  shall  be  in  force  from  the  last 
day  of  December,  in  the  year  one  thousand  eight  hundred 
and  twenty-two.  But  al!  those  parts  of  the  same,  which 
relate  to  the  right  of  suffrage  ;  the  division  of  the  state  in- 
to senate  districts  :  the  number  of  members  of  the  assem- 
bly to  be  elected,  in  pursuance  of  this  con.stitution  .;  the 
apportionment  of  members  of  assembly  ;  the  elections  here- 
])y  directed  to  commence  on  the  first  Monday  of  Novem- 
ber, in  the  the  year  one  thousand  eight  hundred  aud  tv/en- 
ty  two  ;  the  continuance  of  members  of  the  present  legis- 
lature in  office  until  the  first  day  of  January,  in  the  year 
one  thousand  eight  hundred  and  twenty-three;  and  the 
prohibition  against  authorizing  lotteries  ;  the  prohibition 
against  appropriating  the  public  moneys  or  property  for 
local  or  private  purposes,  or  creating,  continuing,  alter- 
ing, or  renewing  any  body  politic  or  corporate,  without 
the  assent  of  two  thirds  of  the  members  elected  to  each 
branch  of  the  legislature,  shall  be  in  force  and  take  effect 
from  the  last  day  of  Februaiy  next.  The  members  of  the 
present  legislature  shall,  on  the  first  Monday  of  March 
next,  take  and  subscribe  an  oath  or  affirmation  to  support 
the  constitution,  so  far  as  the  same  shall  then  be  in  force. 
Sheriffs,  clerks  of  counties,  and  coroners,  shall  be  elected 
at  the  election  hereby  directed  to  commence  on  the  Arsj 

U 


290  CONSTITUTION   OF 

Monday  of  November,  in  the  year  one  thousand  eight 
hundred  and  twenty-two  ;  but  they  shall  not  enter  on  the 
duties  of  their  office  before  the  first  day  of  January  then 
next  following.  The  commissions  of  all  persons  holding 
civil  offices  on  the  last  day  of  December,  one  thousand 
eight  hundred  and  twenty -two,  shall  expire  on  that  day  ; 
but  the  officers  then  in  commission,  may  respectively  con- 
tinue to  hold  their  said  offices,  until  new  appointments  or 
elections  shall  take  place  under  this  constitution. 

Sec.  2.  The  existing  laws  relative  to  the  manner  of  no- 
tifying, holding  and  conducting  elections,  making  returns, 
and  canvassing  votes,  shall  be  in  force,  and  observed  in 
respect  to  the  elections  hereby  directed  to  commence  on 
the  first  Monday  of  November,  in  the  year  one  thousand 
eight  hundred  and  twenty-two,  so  far  as  the  same  are  ap- 
plicable. And  the  present  legislature  shall  pass  such 
other  and  further  laws  as  may  be  requisite  for  the  execu- 
tion of  the  provisions  of  this  constitution  in  respect  to  elec- 
tions. 

Done  in  convention,  at  the  oapitol,  in  the  city  of  Albany, 
the  tenth  day  of  November,  in  the  year  one  thousand 
eight  hundred  and  twenty-one,  and  of  the  independ- 
ence of  the  United  States  of  America,  the  forty  sixth. 
In  witness  thereof,  we  have  hereunto  subscribed  our 
names. 

DANIEL  D.  TOMPKINS,  President. 

John  V.  Bacon,  j  Sccrctarus. 

Samuel  S.  (-Gardiner,  ) 

[The  foregoing  constitution  was  ratified  by  the  people 
at  an  election  held  in  the  several  towns  and  wards  of  this 
state,  on  the  fifteenth,  sixteenth,  and  seventeenth  days  of 
January,  one  thousand  eight  hundred  ana  twenty-two. 1 


THE  STATE  OF  NEW  YORK.  291 


AMENDMENTS. 


[The  folloAving  amendments  to  the  constitution  were 
proposed  by  the  legislature  in  1825,  were  referred  to  the 
legislature  of  1S26,  agreed  to  by  two  thirds  of  the  mem 
bers  elected  to  each  house  of  that  legislature,  submitted 
to  the  people,  and  approved  and  ratified  at  an  election 
held  on  the  Gth,  7lh  and  8th  days  of  November,  1826.] 

FIRST  AMENDMENT. 

That  the  people  of  this  state,  in  their  several  towns, 
shall,  attheir  annual  election,  and  in  such  manner  as  the 
legislature  shall  direct,  elect  by  ballot  their  justices  of  the 
peace  ;  and  the  justices  so  elected  in  any  tOAvn,  shall  im- 
mediately thereafter  meet  together,  and  in  presence  of  the 
supervisor  and  town  clerk  of  the  said  town,  be  divided 
by  lot  into  four  classes,  of  one  in  each  class,  and  be  num- 
bered, one,  two,  three  and  four;  and  the  office  of  number 
one  shall  expire  at  the  end  of  the  first  j^ear,  of  number 
two  at  the  end  of  the  second  year,  of  number  three  at  the 
end  of  the  third  year,  and  of  number  four  at  the  end  of 
the  fourth  year,  in  order  that  one  justice  may  thereafter 
be  annually  elected:  and  that  so  much  of  the  seventh  sec- 
tion of  the  fourth  article  of  the  constitution  of  this  state  as 
is  inconsistent  with  this  amendment,  be  abrogated. 

SECOND    AMENDMENT. 

That  so  much  of  the  first  section  of  the  second  article 
of  the  constitution  as  prescribes  the  qualifications  of  voters, 
other  than  persons  of  color,  be,  and  the  same  is,  hereby 
abolished,  and  that  the  following  be  substituted  in  the 
place  thereof: 

Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  an  inhabitant  of  this  state  one  year  next 
preceding  any  election,  and  for  the  last  six  months  a  re- 
sident of  the  county  where  he  may  oflTer  his  vote,  shail 
be  entitled  to  vote  in  the  town  or  ward  where  he  actually 
resides,  and  not  elsewhere,  for  all  officers  that  now  are, 
©r  hereafter  may  be,  elective  by  the  people. 


292  CONSTITUTION,  &.C. 

THIRD    AMENDMENT. 

[The  following  amendments,  having  been  previously 
proposed  by  the  legislature,  w^ere  ratified  by  the  people 
at  the  annual  election  in  November,    1833.] 

That  the  duties  on  the  manufacture  of  salt,  as  estab- 
lished by  the  act  of  the  fifteenth  of  April,  one  thousand 
eight  hundred  and  seventeen,  and  by  the  tenth  section  of 
the  seventh  article  of  the  constitution  of  this  state,  may  at 
any  time  hereafter  be  reduced  by  an  act  of  the  legislatnrr 
of  this  state,  but  shall  not,  while  the  same  is  appropriated 
and  pledged  by  the  said  section,  be  reduced  below  the  sum 
of  six  cents  upon  each  and  every  bushel,  and  the  said 
duties  shall  remain  inviolably  appropriated  and  applied 
as  is  provided  by  the  said  tenth  section  ;  and  that  so  much 
of  the  said  tenth  section  of  the  seventh  article  of  the  con- 
stitution of  this  state  as  is  inconsistent  with  this  amend- 
ment, be  abrogated. 

FOURTH    AMENDMENT. 

At  the  end  of  the  tenth  section  of  the  fourth  article  of 
the  said  constitution,  add  the  follov/ing  words:  "Except 
in  the  city  of  New  York,  in  which  the  mayor  shall  be  cho- 
sen annually  by  the  electors  thereof  qualified  to  vote  for 
the  other  charter  officers  of  the  said  oity,  and  at  the  time 
of  the  election  of  such  officers." 


LANDLORD  AND  TENANT.  293 


RIGHTS  OF  LANDLORD  AND  TENANT. 

Every  contract  for  leasing;  for  a  longer  period  than  one 
year,  or  for  the  sale  of  any  lands,  or  any  interest  in  lands, 
is  void,  unless  the  contract,  or  some  memorandum  there- 
nf,  expressing  the  consideration,  be  in  writing,  and  be 
subscribed  by  the  party  by  whom  the  lease  or  sale  is  to  be 
made,  or  by  an  agent  lawfully  authorized. 

Leases  for  a  term  exceeding  three  years,  in  order  to  be 
valid,  must  be  recorded  in  the  same  manner  as  conveyan- 
ces of  real  estate,  except  in  the  counties  of  Albany,  Ulster, 
Sullivan,  Herkimer,  Dutchess,  Columbia,  Delaware  and 
Schenectady. 

Every  conveyance  of  any  estate  or  interest  in  lands,  or 
the  rents  and  profits  of  lands,  and  every  charge  upon  lands, 
or  upon  the  rents  and  profits  thereof,  made  or  created, with 
intent  to  defraud  prior  or  subsequent  purchasers  for  a  val- 
uable consideration,  shall  be  void,  as  against  such  pur- 
chasers. 

Whenever  there  is  a  tenancy  at  will  or  by  sufferance 

created,  by  the  tenant's  holding  over  his  term,  or  other- 

Avise,  the  same  may  be  terminated  by  the  landlord's  giving 

ne  month's  notice  in  writing  to  the  tenant,  requiring  him 

'i^  remove  therefrom. 

Such  notice  shall  be  served  by  delivering  the  same  to 
such  tenant,  or  to  some  person  of  proper  age  residing  on 
f  lie  premises  ;  or  if  the  tenant  cannot  be  found,  and  there 
be  no  such  person  residing  on  the  premises,  such  notice 
may  be  .served  by  affixing  the  same  on  a  conspicuous  part 
nf  the  premises,  where  it  may  be  conveniently  read. 

At  the  expiration  of  one  month  from  the  service  of  such 
notice,  the  landlord  may  re-enter,  or  maintain  ejectment, 
■  u-  proceed  in  the  manner  prescribed  by  law,  without  any 
I'urther  or  other  notice  to  quit. 

If  a  tenant  shall  give  notice  of  his  intention  to  quit  the 
premises,  and  shall  not  accordingly  deliver  up  the  posses- 
sion thereof,  at  the  time  specified  in  the  notice,  such  ten- 
ant, his  executors  or  administrators,  shall  thenceforward 


294  LANDLORD  AND  TENANT. 

pay  to  the  landlord,  his  heirs  or  assigns,  double  rent, 
which  shall  be  continued  to  be  paid  during  the  time  the 
tenant  shall  continue  in  possession. 

If  a  tenant  for  life  or  years  shall  wilfully  hold  over  any 
lands  or  tenements  after  the  termination  of  such  terms,  and 
after  demand  made,  and  one  month's  notice  duly  given, 
he  shall  be  liable  to  pay  to  the  person  kept  out  of  posses- 
sion, or  his  representatives,  at  the  rate  of  double  the  year- 
ly value  of  the  lands  or  tenements  so  detained,  for  the  time 
he  shall  so  hold  over;  and  he  shall  also  pay  all  special 
damages  to  which  the  person  kept  out  of  possession  shall 
be  subjected  by  reason  of  such  holding  over. 

When  any  certain  services  or  ceitain  rent  reserved  out 
of  any  lands  or  tenements,  shall  not  be  paid  when  due,  the 
person  entitled  thereto,  may  distrain  for  the  same.  But 
no  distress  may  be  made  for  any  rent  for  which  a  judg- 
ment has  been  recoA'ered  in  a  personal  action. 

A  landlord  may  secure  rent  due,  when  any  goods  or 
chattels  liable  to  distress  tor  rent  are  seized  under  execu- 
tion, by  giving  notice,  at  any  time  before  the  sale  of  the 
goods  by  virtue  of  the  execution,  either  to  the  paity  in 
whose  favor  the  execution  shall  be  issued,  or  to  the  offi- 
cer holding  the  same,  of  the  amount  claimed  by  the  land- 
lord to  be  due,  and  the  time  during  which  it  accrued  ;  and 
by  accompanying  such  notice  with  his  own  affidavit,  or 
that  of  his  agent,  of  the  truth  thereof 

Upon  receiving  the  notice  and  affidavit,  the  officer  hol- 
ding the  execution,  shall  levy  the  amount  of  rent  claimed 
to  be  due,  in  addition  to  the  sum  directed  to  be  raised  on  the 
execution,  and  shall  pay  the  same  to  the  landlord  ;  but  the 
amount  of  rent  to  be  levied  shall  not  exceed  one  year's 
rent.  If  there  be  a  deficiency  of  goods  and  chattels  to  sat- 
isfy both  the  execution  and  rent,  the  amount  levied  shall 
be  first  applied  to  the  satisfaction  of  the  rent ;  and  the  re- 
mainder shall  be  applied  upon  the  execution. 

If  a  tenant  against  whom  an  execution  is  issued,  shall 
deny  that  rent  is  due  to  his  landlord,  as  claimed,  he  may 
prevent  the  levying  thereof,  by  virtue  of  such  execution, 
by  delivering  to  the  officer  holding  it,  a  bond,  with  two 
sufficient  sureties,  executed  to  the  landlord,  in  a  penalty 


LANDLORD  AND  TENANT.  295 

of  double  the  amount  of  rent  claimed,  with  a  condition 
that  ail  rent  due  shall  be  paid,  not  exceeding  one  year's 
rent  ot  the  premises. 

if  a  landlord,  under  the  foregoing-  provisions,  clairrts 
more  rent  than  what  is  due  to  him,  and  if  the  excess  be 
collected,  the  tenant  may  sue  for  and  recover  of  the  land- 
lord, double  the  amount  of  such  excess.  And  in  all  cases 
in  which  rent  is  pretended  to  be  due,  when  none  is  due, 
the  owner  of  goods  distrained  may  recover  against  the 
person  so  claiming,  double  their  value. 

An  officer  making  a  distress  for  rent,  must  give  notice 
thereof,  with  the  cause  of  the  distress,  the  amount  due,  and 
an  inventory  of  the  articles  taken,  by  leaving  the  same 
with  the  tenant,  or  in  case  of  his  absence,  at  the  chief 
mansion  house,  or  at  some  other  notorious  place  on  the 
[^remises. 

At  the  expiration  of  rive  days  from  the  day  on  which 
the  notice  was  served,  if  the  amount  of  rent  due,  with 
costs  of  distress,  be  not  paid,  and  the  goods  distrained  be 
not  replevied,  the  officer  shall  summon  two  disinterested 
householders,  who,  under  oath  administered  by  the  officer, 
shall  appraise  the  goods  and  chattels  distrained,  and  state 
the  same  in  writing. 

Upon  the  appraisement  being  made,  the  officer  shall 
give  live  days'  notice  of  sale,  by  affixing  such  notice  on  a 
conspicuous  part  of  the  premises,  and  in  two  public  place? 
in  the  town;  and  on  the  day,  and  at  the  place,  appointed, 
he  shall  sell  the  goods  at  public  aution  at  the  best  price 
that  can  be  obtained  :  and  apply  the  proceeds  to  the  satis- 
faction of  the  costs  and  rent,  and  pay  the  surplus,  if  any,  to 
the  owner  of  the  goods. 

If  distress  be  made  for  rent  justly  due,  any  irregularity 
or  unlawful  act  afterwards  done  by  the  party  distressing, 
^hall  not  render  the  distress  unlawful ;  but  the  party  ag- 
grieved may  recover  for  the  special  damages  sustained 
b}' such  irregularity  or  unlawful  act,  with  costs  of  suit. 

Every  person  entitled  to  any  rents  dependent  upon  the 
life  of  any  other,  may,  notwithstanding  the  death  of  such 
other  person,  have  the  same  remedy  by  action  or  by  dis- 
tress, for  the  recovery  of  all  arrears    of  such   rent,  that 


29(3  LANDLORIJ   AND  TENANT. 

shall  be  behind  and  unpaid  at  the  death  of  such  other 
person,  as  he  might  have  had  if  such  other  person  was  in 
full  life. 

If  a  tenant  for  life,  Avho  shall  have  rented  any  lands  to 
another,  die  on  or  after  the  day  when  any  rent  became 
due,  his  executors  or  administrators  may  recover  from  the 
undertenant  the  whole  rent  due:  if  he  die  before  the  day 
on  which  the  rent  is  to  become  due,  they  may  recover  the 
proportion  of  rent  which  accrued  before  his  death. 

When  a  tax  on  real  estate  shall  have  been  collected  of 
an  occupant  orftenant,  and  the  tax  ought  to  have  been 
paid  by  the  landlord  or  any  other  person,  the  occupant  or 
tenant  may  recover,  by  action,  the  amount  of  such  tax,  or 
retain  the  same  from  any  rent  due  or  accruing  from  him 
for  the  land  so  taxed. 

Whenever  a  half  year's  rent  or  more  shall  be  due,  and 
no  sufficient  distress  can  be  found,  the  landlord  may 
bring  an  action  of  ejectment  for  the  recovery  of  the  premi- 
ses: But  the  tenant  may,  at  any  time  before  judgment, 
.slay  proceedings,  by  tender  of  all  the  rent,  and  all  co.sts 
and  charges  incurred  by  the  lessor. 

At  any  time  within  six  months  after  a  landlord  shall 
have  taken  possession  of  the  premises  recovered  in  action 
of  ejectment,  the  premises  shall  be  restored  to  the  tenant 
Mr  lessee,  on  payment  or  tender  to  the  landlord  or  lessor, 
of  all  rent  in  arrear,  and  all  costs  and  charges  incurred  by 
the  lessor. 

If  a  tenant  in  arrear  for  rent  shall  desert  the  premises, 
without  leaving  thereon  any  goods  subject  to  distress,  any 
justice  of  the  peace  of  the  county  may,  at  the  request  of 
the  landlord,  view  the  premises,  and  on  being  satisfied 
that  the  premises  have  been  deserted,  he  shall  affix  a  no- 
tice upon  a  conspicuous  part  of  the  premises,  requiring: 
the  tenant  to  appear  and  pay  the  rent  due,  at  the  time  spe- 
cified in  the  notice,  not  less  than  five,  nor  more  than  twen- 
ty days,  after  the  date  thereof 

At  the  time  specified,  the  justice  shall  again  view  thf 
premises;  and  if  tlie  tenant  appear  and  deny  that  rent  is 
due  to  the  landlord,  all  proceedings  shall  cease.  If  the 
tenant,  or  some  one  for  him,  shall  not  appear,  and  pay  the 


LANDLORD  AND  TENANT.  297 

rent,  and  there  shall  not  be  sufficient  distress  on  the  prem- 
ises ;  then  the  jusuce  may  put  the  landlord  into  posses- 
sion of  the  same. 

The  goods  and  chattels  of  a  tenant  may  be  distrained 
after  they  shall  have  been  removed  from  the  premises, 
whether  the  removal  be  made  before  or  after  the  rent  shall 
become  due.  If  the  rent  be  due  at  the  time  of  the  remo- 
val, or  shall  become  due  within  thirty  days  thereafter,  the 
tiQcds  may  be  seized  within  the  said  thirty  days  after  such 
removal.  If  no  rent  be  due  or  become  due  within  that 
time,  then  the  seizure  may  be  made  at  any  time  within 
fhirty  days  after  the  rent  shall  become  due ;  provided 
such  seizure  be  made  within  six  months  after  the  removal 
(if  the  goods :  but  no  goods  shall  be  liable  to  be  seized 
which  shall  have  been  previously  sold,  in  good  faith,  and 
tor  a  valuble  consideration,  to  a  person  not  privy  to  such 
fraudulent  removal. 

Any  tenant  or  lessee  who  shall  remove  his  goods  from 
an}'  demised  premises,  either  before  or  after  any  rent 
shall  become  due,  for  the  purpose  of  avoiding  the  payment 
of  such  rent;  and  every  person  who  shall  knowingly  as- 
j^ist  such  tenant  or  lessee  in  such  removal,  or  in  conceal- 
ing any  goods  so  removed  ;  shall  forfeit  co  the  landlord  of 
the  demised  premises,  his  heirs  or  assigns,  double  the  val- 
ue of  the  goods  so  removed  or  concealed. 

Personal  property  deposited  with  a  tenant,  with  the  con- 
sent of  the  landlord,  or  hired  by  such  tenant,  or  lent  to  hiiii, 
with  the  like  consent,  shall  not  be  distrained  for  any  rent 
ihu;  to  such  landlord.  And  property  belonging  to  any 
other  person  than  the  tenant,  which  shall  have  accidental- 
ly strayed  on  the  demised  premises,  or  which  sha'l  be  de- 
jiosited  with  a  tavern  keeper,or  withthe  keeperof  any  ware 
house,  in  the  usual  course  of  their  business,  or  deposited 
with  a  m.echanic  or  other  person,  forthe  purpose  ofijeing 
repaired  or  being  manufactured,  shall  not  be  subject  to 
di.stress  or  sale  for  rent;  but  the  officer  making  the  dis- 
tress, shall  not  be  liable  for  seizing  or  selling  property  not 
belonging  to  the  tenant,  unless  previous  notice  shall  have 
been  given  him  of  the  claim  of  a  third  person. 

Distress  for  rent  shall  be  made  by  the  sheriff  of  the 


298  LANDLORD  AND  TENANT. 

county,  or  one  of  his  deputies,  or  by  a  constable  or  mar- 
shal of  the  city  or  town  where  the  goods  are,  who  shall 
conduct  the  proceedings  throughout. 

No  distress  shall  be  driven  out  of  the  town  where  it 
shall  be  talcen,  except  to  a  pound  within  the  same  county, 
not  above  three  miles  distant  from  the  place  where  such 
distress  shall  have  been  taken.  All  beasts,  or  goods  dr 
chattels  taken  as  a  distress  at  one  time,  shall  be  kept,  as 
near  as  may  be,  in  the  same  place. 

An  officer  may  not  make  distress  for  rent,  unless  tlie 
warrant  of  distress  be  accompanied  by  an  affidavit  of  the 
landlord,  or  his  agent,  specifying  the  amount  of  rent  due, 
and  the  time  for  which  it  accrued. 

Within  ten  days  after  the  sale  of  goods  for  rent,  or  after 
they  shall  have  been  replevied,  the  officer  is  required  tn 
file  the  original  vv-arrant  of  distress,  with  the  original  affi- 
davit of  the  landlord,  in  the  office  of  the  town  clerk.  In 
the  city  and  county  of  New  York,  in  the  city  and  county 
of  Albany,  in  the  cities  of  Troy,  Hudson  and  Schenec- 
tady, such  warrant  and  affidavit  shall  be  filed  in  the  offict- 
of  the  clerk  of  the  county.  Any  officer  violating  this  pro- 
vision, shall  forfeit  fifty  dollars  to  the  person  whose  prop- 
erty shall  have  been  distrained. 

All  distresses  for  rent  shall  be  reasonable:  and  whoso- 
ever shall  take  an  unreasonable  distress,  shall  be  liable  to 
an  action  on  the  case,  at  the  suit  of  the  party  aggrieved, 
lor  the  damages  sustained  thereby. 


PRACTICAL  OBSERVATIONS.  299 


PRACT[CAL  OBSERVATIONS. 

It  has  been  asserted  by  the  advocates  of  monarchy,  that  man 
is  not  capable  of  self-government.  Because  all  former  experi- 
ments at  free  government  have  proved  unsuccessful,  it  is  predict- 
ed that  the  free  institutions  of  this  country  will  be  of  siiort  dura- 
tion. And,  from  the  failibiiity  of  man,  and  the  presumed  iui- 
perfection  of  all  humun  o-overnments,  not  a  few  of  the  iriends 
of  liberty  even,  have  indulged  apprehensions  of  the  inevitable 
dissolution  of  our  political  system. 

But  ic  should  be  remembered,  that  our  government  differs  es- 
sentially, both  in  its  origin  and  principles,  from  any  that  has 
preceded  it.  Whereas  others  have  been  the  result  of  mere 
chance,  or  of  unavoidable  necessity,  ours  is  the  contrivance  of 
an  assembly  of  men,  not  surpassed,  probably,  in  point  of  wis- 
dom and  exalted  i)airiotism,  by  any  political  body  ever  assembled. 
These  men,  aided  by  tlie  light  of  their  own  experience,  and  the 
history  of  other  governments,  deliberately  planned  a  system  of 
government,  under  wliich  those  comparatively  feeble  states  have, 
in  less  than  half  a  century,  become  a  most  powerful  and  increas- 
ingly  prosperous  nation — a  system  which  commands  the  ad- 
miration ofthe  friends  of  freedom  throughout  the  world. 

The  principles  upon  which  our  government  is  founded,  are  the 
immutable  principles  of  justice  and  truth.  It  was  the  grand 
sentiment  of  those  who  lirst  declared  the  colonies  to  be  free  an<l 
independent  states,  that  all  just  ])ower  in  any  govermnent  is  de- 
rived from  the  governed:  and  this  sentiment  has  been  recogniz- 
ed, in  a  remarkable  degree,  in  the  form  of  government  which 
was  subsequently  adopted.  The  constitution  distinctlv  ackowl- 
edges  the  people  to  be  the  source  of  political  power,  and  invests 
them  with  the  exclusive  right  of  exercising  it. 

A  distinguishing  characteristic  of  our  constitution  is,  the  ex- 
treme care  with  which  it  guards  the  rigiits  ofthe  people  ao'ainst 
mfringement  bv  official  power.  The  ruler  is  the  .servant,  not 
the  master,  of  the  people.  lie  is  made  accountable  to  them 
for  his  acts,  and  holds  his  power  at  tht^"m-will  and  pleasure. 

Another  excellence  of  our  system  consists  in  the  division  and 
distribution  ofthe  civil  power  among  the  several  branches  of  the 
government,  legislative,  executive  and  judicial ;  and  in  the  ef- 
fectual guards  provided  by  the  constitution,  to  protect  each 
branch,  in  the  e.\ercise  of  its  functions,  against  encroachment 
by  the  others. 


300  PRACTICAL  OBSERVATIONS. 

Civil  and  religious  liberty  is  guarantied  by  our  constitution, 
in  the  fullest  extent.  The  right  of  personal  liberty,  the  right 
of  personal  security,  and  the  riglit  to  acquire  and  enjuy  property, 
could  not  have  been  more  effectually  secured.  The  constitution 
breathes  throughout  the  spirit  of  liberty.  Civil  and  religious 
freedom  are  eflectually  secured,  both  by  the  national  and  state 
constitutions. 

Equality  is  a  prominent  feature  of  our  government.  Equal 
rights  and  privileges,  so  far  at  least  as  the  constitution  is  capa- 
ble of  conferring  them,  are  enjoyed  in  this  country.  No  distinc- 
tions are  created  by  birth  or  property.  The  rich  and  poor,  as  it 
regards  political  power,  are  placed  on  the  same  level. 

But  the  excellence  of  our  system  of  government  affords,  of 
iti-elf,  no  effectual  security  for  its  permanence.  No  human  in- 
stitution, whatever  may  be  its  qualities,  contains,  within  itself, 
the  principle  of  SL'lf-preservation.  It  would  be  unwise, therefore, 
to  trust  to  tiie  intrinsic  excellence  of  our  institutions.  It  is  the 
duty  of  every  citizen  to  watch  the  approaches  of  danger,  and  to 
applv  the  means  necessary' to  the  preservation  of  our  liberties. 

Ainono'  the  dauirei'-  ^'>  which  our  government  is  exposed,  are 
tiie  indifference  and  apailiy  of  the  people.  It  is  a  common  max- 
im among  the  people  of  this  country,  that  "  the  price  of  liberty 
is  eternal  vigilance  ;"  and  the  acknowledged  truth  of  this  uiuxim, 
as  well  as  the  veneral;Ie  source  fi'om  which  it  originated,  com- 
mends it  to  universal  observance.  Open  assaul!.s  upon  our  fr(.'e 
institutions  can  never  be  successful;  and  tiicy  are  not  to  be  ex- 
pected. If  our  political  fabric  ever  falls,  it  vull  not  be  by  the 
i)ands  of  the  avowed  enemies  of  liberty  ;  but  by  the  insidious  at- 
tacks of  its  protended  friends,  whose  real  motives  will  be  conceal- 
ed under  professions  of  regard  for  the  public  good. 

Power,  wherever  it  is  exercised,  is  ever  liable  to  abuse.  To 
the  people  is  reserved  the  right  to  apply  the  corrective.  But  if 
there  be  :io  disposition  to  apply  it,  the  remedy  is  of  no  avail. 
Political  power  is  given  to  the  people  to  be  used  ;  and  he  who 
neglects  to  do  so,  violates  an  important  trust.  Bad  laws  in  a 
free  government  cannot  long  exist,  but  by  the  consent  of  the 
people  themselves.  Bad  men  are  ever  ready  to  exercise  their 
ricfhts,  while  many  of  our  best  citizens  slight  their  privileges. 
But  he  who  has  a  proper  sense  of  his  duty,  will  on  every  occa- 
sion cast  his  power  and  iiiiluence  into  the  scale  of  the  govern- 
ment; and  that  citizen  who  refuses  to  perform  his  duty  in  this 
respect,  does,  tacitly  at  least,  consent  to  the  disorders  that 
prevail  in  the  body  politic. 

Human  nature  is  the  same  in  all  countries  and  in  all  ages. — 
Ambition  and  the  love  of  power  reign  predominant  in  the  human 


PRACTICAL  OBSERVATIONS.  301 

breast ;  and  there  are  not  wanting  those  in  our  country,  who, 
though  among  the  loudest  in  their  protestations  of  attachment  to 
repubhcaii  principles,  would  march  over  the  liberties  of  the  peo- 
ple, to  secure  tlie  power  and  honors  of  roj^alty. 

Auothersource  of  danger  is  the  spirit  of  party.  The  opinion  is 
often  expressed,  tliat  parties  hold  a  salutary  check  U))on  each 
oilier,  and  that  their  existence  gives  security  to  our  political  in- 
stitutions. But  it  must  be  evident  to  all  who  have  observed 
the  effects  of  party  spirit  among  us,  that  the  evils  flowing  from 
it  overbalance  all  the  good  which  it  can  produce.  Where  free- 
dom of  opinion  and  of  speech  is  tolerated,  parties  must  necesa- 
rily  exist  to  souio  extent ;  but  their  existence  should  be  founded 
upon  diiierence  of  opinion  merely. 

But  partv  spirit,  when  unrestrained,  becomes  intemppr.Tie 
and  revengeful;  and  it  is  then  that  its  pernicious  effects  are 
seen.  Parlies,  while  contending  for  power,  forget  right,  and 
lose  sight  of  the  public  good.  The  rights  of  the  minority  nr^- 
disreofarded.  Men,  for  difTerenco  of  opinion,  are  made  the 
subjects  of  proscription  and  persecution.  In  this  state  of  thing.s 
the  strife  is  for  men,  without  regard  to  principle;  and  candidate.-: 
for  public  favor,  who  can  hold  out  the  moal  powerful  inducement.s 
to  their  supporters,  are  most  certain  of  success.  And  om*  period- 
ical elections,  instead  of  enabling  the  people  to  correct  abuses, 
will  prove  a  fruiifu!  source  of  difficulty  and  contention. 

The  following  paragraphs,  fVom  the  pen  of  the  revered  Wash- 
ington, are  given  in  confirmation  of  the  above  remarks : 

"Party  spirit,  unfoitunately,  is  mseparable  from  our  nature, 
having  its  root  in  the  strongest;  passions  of  the  human  mind.  It 
exists  under  diffbrent  sliapes  in  all  governments,  more  or  less  sti- 
fled, controlled,  or  repressed  ;  but  in  those  of  the  popular  form,  it 
is  seen  in  its  greatest  rankness,  and  is  truly  their  worst  enemy. 

"The  alternate  domination  of  one  fiction  over  anotiier,  sharp- 
ened bv  the  spirit  of  revenge  natural  to  party  dissension,  v/hicii 
in  different  ai)es  and  countries  has  perpetrated  the  most  horrid 
enormities,  is  itself  a  frightful  despotism.  But  this  leads  at  length 
to  a  more  formal  and  permanent  des|)otism.  The  disorders  and 
miseries  which  result,  gradually  incline  the  minds  of  men  to  seek 
security  and  repose  in  the  absolute  power  of  an  individual ;  and, 
sooner  or  later,  the  chief  of  some  prevailing  faction,  more  able 
or  more  fortunate  than  his  competitors,  turns  this  disposition  to 
the  purposes  of  his  own  elevation  on  the  ruins  of  public  liberty. 

"  Without  looking  forward  to  an  extremity  of  this  kuid, 
(which  nevertheless  ought  not  to  be  entirely  out  of  sight,)  the 
fsommon  and  continual  mischiefs  of  the  spirit  of  party,  are  suffi- 
cient to  make  it  the  interest  and  duty  of  a  wise  people  to  discour- 
age and  restrain  it." 


302  PRACTICAL  OBSERVATIONS. 

Let  it  not  be  supposed  that  there  exists  no  cause  for  present 
apprehensions  of  danger  to  our  free  institutions.  A  spirit  of  in- 
subordination to  the  constituted  authorities  and  laws  of  the  land; 
already  prevails  to  no  inconsiderable  extent.  Of  the  effects  of 
this  spirit,  our  country  has  witnessed  some  deplorable  exhibi- 
lions.  Tiie  right  of  trial  by  jury  has  been  infringed.  Punish- 
ment for  alleged  crimes  has  been  inflicted,  without,  having  been 
preceded  by  even  the  forms  of  a  legal  trial.  The  right  of  the  peo- 
ple to  be  secure  in  their  persons,  houses,  ])apers  and  etfects,  has 
been  violated.  The  right  of  persons  freely  to  speak,  write  and 
publish  their  sentiments  on  all  subjects,  has  been  assailed;  not, 
as  yet,  by  the  enac  ment  of  any  law  to  restrain  or  abridge  the 
liberty  of  speech  and  of  the  press;  but  under  such  an  implied 
sanction  of  public  sentiment,  as  to  authorize  the  presumption, 
that  such  a  law  would  meet  the  hearty  approval  of  a  large  por- 
tion of  community. 

The  inditFerence  with  which  these  infractions  of  the  laws  of 
the  land  are  regarded,  evinces  a  disordered  state  of  the  public 
mind,  which  is  ominous  to  the  liberties  of  this  country.  When 
outrage  and  crime  are  permitted  to  go  unpunished,  there  can  be 
no  security  to  life  or  property.  And  wh.enever  there  shall  cease 
to  be  virtue  in  the  people  sufficient  to  vindicate  the  laws,  and 
maintain  their  supremacy,  liberty  will  not  long  survive. 

The  most  effectual  security  against  these  and  other  dangers  to 
which  the  government  is  liable,  is  an  enlightened  and  virtuous 
jiiiblic  sentiment.  This  is,  perhaps,  the  only  enduring  support  to 
a  free  oovernment.  To  enlighten  the  public  mind  has  ever  been 
considered  the  surest  means  of  perpetuating  the  blessings  of  civil 
V"]  religious  freedom.  Ig.'iorance  and  liberty  cannot  long  sub- 
sist together;  fur  when  iv.en  do  not  understand  the  rights  which 
tiie  government  confers,  they  are  incapable  of  maintaining  these 
rights,  or  of  detecting  the  artifices  of  crafty  and  designing  dema- 
•mgues,  who  seek  to  attain  their  sinister  objects  by  misleading 
and  deceiving  the  ignorant. 

Educatiox  is  the  hope  of  this  republic — the  grand  means  by 
which  the  people  of  tiiesc  United  States  are  to  transmit  the  bles- 
sings of  liberty  to  their  descendants.  It  gives  strength  and  sta- 
bility to  the  government,  by  increasing  the  moral  and  intellectual 
power  of  the  nation  ;  and  as  it  forms  the  basis  of  national  as  well 
us  social  happiness,  the  genera!  diffusion  of  its  benefits  is  an  ob- 
ject that  demands  the  regard  of  every  citizen. 

It  should  be  one  of  the  first  objects  in  the  education  of  our  youth, 
to  cause  them  to  fix  a  proper  estimate  upon  the  value  of  free  in- 
stitutions. They  must  be  early  made  to  know  that  their  individ- 
ual happiness,  no  less  than  the  happiness  and  prosperity  of  the 


PRACTICAi,  OBSERVATIONS.  303 

Tiation.  depends  upon  the  preservation  of  these  institutions.  Un- 
less this  be  dune,  it  is  not  to  be  expected  that  the  welfare  of 
their  country  will  be  to  them  an  object  of  deep  solicitude.  Those 
who  have  never  learned  to  appreciate  tlie  privileges  enjoved  un- 
der a  free  government,  cannot  be  presumed  to  feel  it  their  duty 
to  submit  to  any  great  sacrifices  to  preserve  Ihem. 

It  is  highly  imjiortant  that  this  principle  be  inculcated  in  early 
ly  life.  The  great  mass  of  our  young  men  have  grown  up  and 
cone  to  years  of  maturity,  without  having  had  their  attention  cal- 
led  to  this  subject.  They  commence  their  political  existence 
without  a  proper  sense  of  the  value  of  the  government  in  which 
they  are  to  take  a  part,  and  without  a  sufficient  knowledge 
(if  its  principles,  to  enable  Ihem  to  discharge  intelligentlv  the  du- 
ties of  freemen.  Tiiey  exerci.sc  their  political  privileges,  merely 
because  they  are  privileges — often  v/ithout  any  definite  object 
in  view,  unless  it  be  to  promote  the  schemes  of  a  certain  p  aity  or 
individual  to  whose  fortunes  they  may  have  become  attached. 

Patriotism,  too,  is  a  principle  tliat  should  be  seduously  inculca- 
ted, and  universally  clierished.  G(Miuine  patriotism  is  that  ar- 
dent love  of  country  wh.ich  will  induce  the  citizen  to  make  ul! 
needful  sacrifices  to  promote  its  welfire.  And  what  is  better 
calculated  to  inspire  this  sentiment,  than  a  fn  qiicnt  recurrence  to 
the  vicissitudes  tbat  mark  the  history  of  our  country  1  The  hard- 
ships and  dangers  that  attended  its  settlement ;  tiie  pojifica!  char- 
acter of  the  colonies;  the  oppressions  of  a  tyrannical  govern- 
inent ;  the  spirit  and  firmness  with  which  these  oppressions  were 
resisted,  and  which  cluiracterizcd  those  who  achieved  our  inde- 
pendence  ;  and  the  wisdom  which  planned  that  system  of  govern- 
ment under  whicii  it  is  our  peculiar  privilege  to  live  ;  are  subjects, 
the  contemplation  of  wliich  will  inspire  the  mind  of  theyoutii  with 
n  disinterested  zeal  for  his  country,  that  wi!!  govern  his  coiidu<:t 
in  after  life.  Acting  under  its  sacred  impulse,  the  welfare  of  l)is 
country,  and  the  perpetuity  of  its  institutions,  will  be  thoolijects 
of  his  highest  ambition.  And  if  the  gift  of  office  should,  per- 
chance, be  bestowed  according  to  merit,  and  he  should  be  promo- 
ted to  a  seat  in  the  public  councds,  he  would  legislate,  no^  for 
the  benefit  of  any  individual  or  party,  but  for  the  benefit  of  the 
community. 

Education  must  be  united  with  religious  principle.  It  is  not 
enough  that  the  citizen  understands  his  duties.  Koovvledge.  un- 
less it  be  properly  applied,  answers  no  valuable  purpose;  if  im- 
properly used,  it  may  be  productive  of  great  evil.  Where  the 
love  of  virtue  does  not  govern  the  conduct  of  men,  violations  of 
the  laws  will  be  frequent,  and  the  rights  of  individuals  are  unsafe^ 
In  a  corrupted  state  of  the  public  morals,  bad  men  are  rnos 


?504  PRACTICAL  OBSLRVATIOXS. 

likely  to  obtain  the  public  offices  ;  unjust  laws  will  be  OJiacted  ; 
and  civil  and  religious  liberty  endangered,  if  not  totally  dcsLrov- 
ed. 

On  this  subject,  also,  we  may  profit  by  the  admonitions  of  the 
patriot  whose  name  we  have  bot\)rc  mentioned: 

"  Of  all  the  dispositions  and  habits  which  lead  to  political  pros- 
[lerity,  religion  and  morality  are  indispensable  supports.  In  vain 
would  that  man  claim  the  tribute  of  patriotism,  who  should  labor 
to  subvert  these  great,  pillars  of  human  happiness,  these  firmest 
props  of  the  duties  of  men  and  citizens.  The  mere  politician, 
eqiKjiiy  vvith  the  pious  man,  ought  to  respect  and  cherish  tham. 
A  voluni:)  could  not  trace  all  their  connexions  with  private  and 
public  felicity.  Lee  it  simply  be  asked,  wliere  is  the  security  fir 
property,  for  reputation,  for  life,  if  tlie  sense  of  religions  obliga- 
tion desert  the  oaths  which  are  the  instruments  of  investigation 
in  courts  of  justice?  And  let  us  w^th  caution  indulge  the  sup- 
posititn,  that  morality  can  be  maiiitained  witfiout  religion. — 
Whatever  may  be  conceded  to  the  influence  of  refined  education 
on  minds  of  peculiar  structure,  reason  and  experience  both  forbid 
lis  to  expect,  that  national  morality  can  prevail  in  exclusion  ol'ro- 
ligious  principle. 

"It  is  substantially  true,  that,  virtue  or  morality  is  a  nocossn; 
spring  of  popular  government.     The  rale,  indeed,  extends  wi;;i 
more  or  less  force  to  every  species  of  free  government.     Wiio 
that  is  a  sincere  friend  to  it,  can  look  with  indifijrenco  upon  at- 
tempts'.o  shake  the  foundation  of  the  fabric  ? 

"Promote,  tiien,  as  an  object  of  primary  importance,  instil u- 
tious  for  the  general  diffusion  of  knowledge.     In  proportion  ■: 
the  structure  of  a  government  gives  force  to  public  opinion,  it   -• 
essential  that  public  opinion  should  be  enl'glitened." 

Let  every  citizen  be  governed  by  these  sentiments.  Let  ed- 
ucation be  properly  encouraged, ^aud  its  benefits  be  extended  to 
ail.  Let  our  youth  be  instructed  in  tiieir  duties  as  members  of 
society,  and  as  citizens  of  a  free  government;  and  let  them  be 
taught  to  appreciate  the  blessings  enjoyed  under  onr  invaluable 
constitution.  Let  every  citizen  feel  himself  individually  respon- 
sible for  his  mora!  and  political  influence,  and  act  with  reference 
to  tiio  general  good  ;  and  our  republican  institutions  are  safe. 
"Let  America  be  good,  and  America  will  be  happy  ;"  and,  what- 
ever has  been  the  fate  of  former  republics,  she  will  stand  an 
enduring  witnes?  to  the  truth,  that  man  cas  be  governed  amu 

YET    BK    FUEE. 


<r/3 


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